Family members of 23-year-old Ross Baker are finalizing funeral arrangements after he was fatally shot early Saturday morning. According to police, Baker entered a home in the 3000 Block of 24th Street around 3:45 a.m. Saturday.
Baker did not live at the residence, and apparently did not know anyone who lived there. The owner, 43-year-old Charles Mire says he confronted Baker and told him to leave. Mire says Baker did not, so he fired a warning shot into the ceiling. When that didn't work, Mire shot Baker.
Mire's son told police during the call to 911 that his father had shot Baker in the leg. When police arrived on scene, they found Baker had been shot in the stomach. He later died at University Medical Center.
After reviewing the 911 tape, NewsChannel 11 learned that both Mire's son and wife called 911. They both say Baker broke into their home, through the garage according the Mire's son.
"We just had a break-in. My father has taken down the intruder. He is down," Mire's son told the 911 dispatcher.
On another line, Mire's wife told the dispatcher she heard a shot.
"Yes, it was my husband," Mire's wife said.
"Your husband shot somebody," the dispatcher asked.
"Shot somebody," Mire's wife said.
That somebody turned out to be 23-year-old Ross Baker, a Texas Tech student majoring in engineering.
"I just got a glimpse of him. He's in the living room," Mire's wife told the dispatcher.
"How is he injured?" the dispatcher asked.
"Had to shoot him in the leg," Mire's son said.
Shouting in the background, apparently from 43-year-old Charles Mire, interrupts the dispatcher several times.
"He thinks the suspect. He thinks the suspect is playing opossum," Mire's son said.
"Sir, I can't hear you with all the screaming in the background," the dispatcher said.
The shouting also reveals why Baker may have entered the Mire's home.
"This isn't your (censored) home," Mire shouted.
Baker's parents tell NewsChannel 11 their son was confused, and this was all a tragic accident.
"He was walking home so that he wouldn't drink and drive, like we had taught him, and he accidentally got into the wrong house. That's what I want people to understand, that he was not a burglar," Baker's mother Teresa Baker said.
Despite that, Lubbock County District Attorney Matt Powell tells us Mire had the right to protect his home and family.
"It appears that he did everything and anything to try to avoid the ultimate result, which is using deadly force, but from everything I've been told, it appears he was justified," Powell said.
"Ross would never break-in to a house, and he would never engage in a fight. I feel he was lost, and in the wrong place at the wrong time, a tragic accident," Baker's father Bobby Baker said.
"He's really going to be missed because he's a very loving and compassionate guy," Baker's sister Whitney Baker said.
Family members tell us Baker lived in a home on 28th Street, just two blocks away, but he had only lived there for about two weeks.
Toxicology results are pending, but they should reveal whether or not Baker was under the influence Saturday.
Family Claims Texas Tech Student's Death A Mistake
A 911 call is revealing new information about what happened Saturday morning, when a Lubbock homeowner shot and killed a suspected intruder, later identified as Texas Tech student Ross Baker. NewsChannel 11's Holly Kennedy sat down with Baker's family who say Saturday's events were in an accident that resulted in a terrible tragedy.