May 31, 2006 19:11

Proof's killer 'acted in self defence'

Charge dropped against rapper's shooter

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Photo: Pa Photos

A Detroit county prosecutor has ruled that the man who shot and killed D12 rapper Proof acted in self defence.

Wayne County prosecutor Kym Worthy told a press conference that Mario Etheridge, a bouncer at the after hours CCC club where the incident occurred, acted in lawful defence of his 35-year-old cousin, Keith Bender, the man who was allegedly shot by Proof and later died.

Worthy also said that Etheridge shot twice at the ceiling in an attempt to stop Proof before aiming the gun at the rapper.

Despite the ruling, Etheridge still faces charges of carrying a concealed weapon and unlawfully discharging a firearm in the building which if convicted, would mean that he could go to prison for nine years.

Etheridge 's lawyer Randall Upshaw claims that Proof, who died with a blood alcohol level four times the level considered drunk under Michigan law, became belligerent during a game of pool, reports Chicago Sun Times.

Upshaw also maintained that Proof argued with Bender, later returning with a gun before pistol whipping and shooting the 35-year-old in the face.

Etheridge then allegedy took a gun from someone during the attack and fired it in defence of Bender.

But the county prosecutor said that witnesses saw Etheridge carrying two guns.

He is due back in court on Friday (June 2).