Case goes on against elderly Sumter man accused of killing repo man

SUMTER, SC (WIS) - A judge has ruled that an 82-year-old man who police say shot and killed a man trying to repossess his truck was not entitled to use deadly force to protect himself or his property.

Circuit Judge George C. James made that ruling Wednesday in the case against Alton Shelley.

Shelley was charged with murder and assault last year in the death of Todd Showell. Deputies say Showell and Gerald Lee arrived at Shelley's Sumter Fletcher Drive home looking for a burgundy GMC pickup truck.

Deputies say Shelley came out of his house and started firing a gun as the men were driving away in a tow truck. Showell, driving the wrecker, was hit at least once and was dead by the time deputies arrived. Lee was not hurt.

Shelley ischarged with murder and attempted murder.

The Sumter County Sheriff's Office says 44-year-old Denise Michelle Livingston has also been charged in the case. She faces two counts of accessory after the fact of a felony.

Copyright 2013 WIS. All rights reserved. TheAssociated Press contributed to this report.