EDITOR’S NOTE: The following story was updated at 3:15 p.m. with additional information from the Lincoln County Prosecuting Attorney’s Office.

ELSBERRY – A custody exchange turned deadly Monday afternoon after the fatal shooting of an Elsberry man.

Kevin Davis, 38, was shot once in the head and once in the heart while standing in his drive in the 300 Block of Highway W in rural Elsberry.

According to Lincoln County Prosecuting Attorney Mike Wood, a man was arrested at the scene of the shooting, but at this time, hasn’t been charged and likely won’t be.  

“There was an arrest and a booking shortly after the shooting,” Wood said. “As we stand right now, I don’t have any evidence to show the shooting wasn’t justified.”

With that said, Wood emphasized the investigation was still in its preliminary phases and the decision on charges could change.

“The investigation is ongoing to make sure we follow through with all of the investigation we think is appropriate including forensics, search warrants, autopsies, statements and any video evidence that may occur or digital evidence that may exist,” he said in an interview with The Journal Tuesday morning. “We continue to work it, but as we stand right now, I don’t have any information to believe the shooting wasn’t justified.”

In a statement released Tuesday afternoon, Wood elaborated on the verbal altercation that turned into a physical one.

He stated Davis apparently reached into the vehicle the shooter was driving and was attempting to strangle him.

“Wounds to the shooter, both documented at the time he was brought in for questioning and this morning, are showing consistency with defensive wounds and support the statement that the shooter was being strangled,” Wood stated.

Forensic evidence gathered at the scene also confirmed the statements given.

“Further, forensic analysis of blood in the vehicle as well as the trajectory of the bullets and analysis of the wounds tend to show that the victim was shot while he was inside the shooter’s vehicle and on top of him,” Wood said.

He added Davis’ vehicle was blocking the shooter’s, contributing to the self-defense determination, which he said isn’t an easy one to reach.

“The use of deadly force is often a complicated legal determination depending on a host of factors that have to be considered by prosecutors,” Wood said in the public statement.

Wood also emphasized the mother, who lives with Davis at the home, had requested the shooter to come get the child.

“It wasn’t as if (he) was trespassing or burglarizing the home. At least that’s not the information we have,” Wood said. “He was there to pick up a child involved in a custody exchange.”

Wood also emphasized this shooting involved two people who knew each other and shouldn’t cause concern regarding public safety.  

“It wasn’t like a burglary or home invasion, or strangers,” he said. “So I don’t want the community to feel uneasy about the fact there could potentially be a shooter on the loose. That’s not the scenario we got. It’s a custody exchange that went bad real quick.”