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911 call released in deadly home invasion

911 call released in deadly home invasion

By Lacey Crisp. CREATED Sep 13, 2011

The Waukesha County District Attorney is waiting for just one more piece of evidence from the crime lab before he makes a decision whether homeowner, Mike Fitzsimmons, will be charged for shooting James Babe, who allegedly broke into Fitzsimmons’ home.  Only on TODAY'S TMJ4, we hear for the first time the 9-1-1 call Fitzsimmons made after the shooting.

Dispatch: “What's your problem there?”

Caller: “Someone was in my garage.  They ran out, they wouldn't, they were attacking me, so I shot him.”

Dispatch: “You shot him?”

Caller: “I think the f***** is dead.”

Out of breath, Fitzsimmons told dispatchers  that a man had tried to break into his Okauchee Lake house early in the morning on August 27th.

Fitzsimmons told them he shot the intruder with his .357 magnum, loaded with hollow point bullets.

Dispatch: “Where'd you hit him?”

Caller: “Twice in the chest.”

Dispatch: “Twice in the chest?”

Fitzsimmons has put up "private property" signs.  The shooting happened on the back deck.  Fitzsimmons told 9-1-1 operators he came to the front of the house to call 9-1-1.

Caller: “Once I shot him, the back door was locked.”

Dispatch: “Ok.”

Caller: “So I came back around the front and grabbed the phone.  Now I'm going back, I don't want to touch nothing.”

Fitzsimmons told investigators he thought the man he shot, James Babe, was also armed. But police did not find a weapon on Babe, just a cell phone.

Babe, a known felon and sex offender, died.

Dispatch: “Is he moving at all?”

Caller: “Umm..”

Dispatch: “Or have you been by him at all?”

Caller: “He's on the back deck, I'm on the front."