ASU Student Kyle Levitt Shot Man Before Physical Fight, According to Court Records

Categories: Death Valley
Kyle Levitt.jpg
Tempe PD
Kyle Levitt
Witnesses to the Tempe shooting death of 20-year-old Gabriel Batten earlier this week told police the alleged shooter, Kyle Levitt, shot Batten twice in the abdomen before any sort of physical altercation occurred, according to court documents obtained by New Times.

Levitt, a 25-year-old student at Arizona State University, is accused of shooting Batten -- who later died from his injuries -- after an argument over loud music at a pool inside the Haven Luxury Apartments near Broadway Road and McClintock Drive early Monday morning.

Earlier reports from police did not definitively state whether Batten was shot before or during the so-called "physical" aspect of the confrontation, but the court documents state witnesses told police Levitt shot Batten before things got physical.

"Levitt came out to the pool to attempt to get them to quiet down," a probable-cause statement says. "A verbal argument ensued and according to witnesses before any physical altercation started Levitt shot victim Batten twice in the abdomen with a small handgun that he brought to the pool area with him when he went to confront Batten and [Batten's friend]."

After we revealed Levitt was a student at ASU in this post, people claiming to have either witnessed the shooting or claiming to have knowledge of the shooting said Levitt shot Batten in self-defense.

No additional new details were provided in the court documents outside of the alleged timing of the shooting, except that Levitt was detained near the pool area, and police recovered the gun.

Tempe Police Sergeant Jeffrey Glover recently told New Times police can't address specific information about the case, but asks that anyone who did witness the incident to come forward to the police department with that information.

The incident began around 2 a.m. Monday, when someone -- not Levitt -- called police complaining about noise at the apartment complex's pool, which turned into a call about shots fired as officers were responding.

Police said Levitt brought his handgun with him to confront the people at the pool, and Levitt and the loud people at the pool began to argue.

Then, as we mentioned above, the court documents state Levitt shot Batten in the abdomen "before any physical altercation started."

Police said another person in the pool then began to "struggle" with Levitt after he allegedly shot Batten.

At that point, Francisco Perez -- a friend of Levitt's -- fired his gun in the air, effectively ending the confrontation between the parties, according to police.

Batten was treated for his gunshot wound at the scene, then transferred to the hospital, where he was pronounced dead.

Levitt and Perez were both detained Monday, and were arrested on charges that evening.

Levitt was arrested on one count of second-degree murder, and Perez was arrested for unlawful discharge of a firearm within city limits.

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37 comments
Guest
Guest

this justice system is so fucked up....kyle was on fucking drugs...he did dope and he gets away with murder?? sat in jail for two weeks and now hes in virginia....a fucking rat that gave up names to get off on murder.....he was not a good guy not even close to a great guy he was a piece of shit junkie....so sad.

Omnipresent
Omnipresent

I say to all those who really knew Gabe and his beautiful
family to cease and desists from posting anything on these blogs—this banter will
not decide anything.  Many bloggers are sensationalist,
and have no vested interest in cases.  They
receive their exhilaration at the stake of others who are emotionally vested in
cases.  Please look at the profile of the
bloggers who have most commented on this case and you will find they are commenting
on high interest stories nationwide which is their constitutional right to do
so.

When I was told about the vindictive nature of the comments
that have been flying around on this site, I decided to look and I must say
that our world is in trouble when we can banter back and forth regarding a tragedy—there
are no winners.  It is also obvious many
are speculating and do not have all of the facts at hand.  Productive dialogue is on thing, but the vitriol
on this site is counter-productive—nothing positive will come out of this discussion
in the current direction of the dialogue.

I am confident in my life and my career and do not find
it necessary to demean others to build my courage or to use negative innuendoes
at the expense of a human tragedy.  Therefore,
those who may try to insult me because of my comments—I am not fazed the least
bit.

Most people who comment on these types of stories find
their courage to do so because they passively hide behind the IP address of their
computer monitors because of the dissociative anonymity
the computer provides.  My research,
and experience, as a behavioralist, also informs me that bloggers, in most
cases, possess a disinhibition effect, which is more of a toxic disinhibition that results in offensive
language, anger, hatred, threats, and harsh criticisms.  Most of the time the blogger only has the
courage to do so because the dissociative anonymity provides cover and
concealment of their identity—whoever does it.

To those who know the Batten family, remember, when
you “cast your pearl before swine,” you get this type of dialogue that sullies and
tarnishes the great memories we have of Gabe--make no mistake about it--nothing
will usurp the love I have of Gabe and his family--nothing!  Gabe was a kid, who many of the professional
bloggers on this site have no knowledge. 
Was Gabe prefect?  Are any of us
perfect?  I love the Bible statement:  “So when they continued asking him, he lifted
himself up, and said unto them, He that is without sin among you, let him first
cast a stone at her.”  In the eyesight of
God there is, for the most part, no gradation of sin.  Regardless of a website or a facebook page, those
of us who have the inside information know that justice will be rendered in
this case—none of us can cast stones!

Those who know the family—understand the influence
and the position of Gabe’s father.  If
this is a case of self-defense, then that will come out.  However, I strongly believe this will not be
the outcome if, or when, it goes to trial. 
Regardless of the negative, and I will also state, misinformation, that
is being propagated on this site, vitriol piques irrationality and will be irrelevant
to the true finders of fact.  Those who
are relevant are in touch with law enforcement in this case and have a full
picture based on the admissible facts.  As
it stands now, that City Prosecutor's Office will file a complaint in this
case.

So those who know the family.  Please do not provide the individuals on this
site the fodder to tarnish our great memories of our dear loved one—nothing you
say will change their perspective and similarly, what they say should not change
your memories of Gabe.

So again, those who know this beloved family do not provide
fuel for those who spend their day on blogs; there are more important issues at
hand in all of our lives.  If you are
really connected to the family in this case contact those who are close to this
case for information to the non-public forums that are available for positive discussion
and accurate information.

This is not a race issue.  This is not a thug issue.  This is not a gun issue.  This is a human issue—a tragedy!  There may be culpability of both sides.  Unfortunately, based on some of the vitriol
and provocative comments on both sides demonstrates the unfortunate; continual degradation
of society and the downward plight of humanity. 
There are no winners in this case and lives have been changed forever.

Again, I say to all those who really knew Gabe and
his beautiful family to cease and desists from posting anything on these blogs.

MadAsHell
MadAsHell

@maxonepercent:disqus you are a fucking racist!  hands down.  u talk shit on a blog... i am certain your ass wouldn't say a fucking word to any of us in the street.  u have to pack a weapon to defend yourself.  you are a pussy just like the motherfucker who killed Gabe!

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friend
friend

Kyle's girlfriend watched Kyle getting jumped by the guys out of their bedroom window before any shots were fired. This new "witness" is obviously a liar or just mistaken. Kyle used lethal force againt an imminent threat to his life, which is absolutely legal in the state of Arizona. To Gabe's family, I'm very sorry for this tragic loss. However, Kyle didn't commit any felony offense.

azbluesgal
azbluesgal

Oh wow now we settle things like shootout at the OK corral. Just another example of all the brain dead having the weapons taxing the legal system because they never learned impulse control from their jerk off parents. So damn Glad I never reproduced myself although if I had the world would be a better place vs those assholes breeding like rats.

Walter Concrete
Walter Concrete

I hope he has the chance to confer with someone other than a lawyer and not take a plea deal.   I don't think there's much compassion for the late night partiers.    Why do people insist on disrupting others with their inconsiderate behavior at anytime of the day?    The excuse of "they were just having fun" or "they're just kids" is just that...an excuse for disruptive behavior.  No one likes it and anger builds from having to put up with it.    I'd think that more than a few people have wanted to do the same thing but fortunately have not.

guest
guest

they probably confronted him verbally saying they were going to fuck him up or something and he felt threatened. we live in AZ. the da will make batten out to look like a thug kyle as a well doing asu student and theres no way 12 white people convict. also i think the fact that perez isn't being charged as an accessory says a lot about myles case.

Alexa
Alexa

Of corse the friends of Batten are going to say there was no fight before Batten was shot. They are not reliable sources they have to have proof and a unbiased wittness which would be someone that doesn't know either party...

Triple-6 Gun Mane
Triple-6 Gun Mane

Chances are high that he will plead guilty to charges filed against him. Unlike the Z-man incident in Sanford, FL. This case involves witnesses. Witnesses are the most crucial evidences in any case.

maxonepercent
maxonepercent

ARS 13-405:

"2. When and to the degree a reasonable person would believe that deadly physical
force is immediately necessary to protect himself against the other's use or ATTEMPTED USE of unlawful deadly physical force.

B. A person has no duty to retreat before threatening or using deadly physical
force pursuant to this section if the person is in a place where the person may legally
be and is not engaged in an unlawful act."

In other words, even if Batten and his friend had not yet physically assaulted Levitt he still would be justified in shooting first if he felt he needed to in order to protect himself from the other's attempted use of "unlawful deadly physical force."  An individual being attacked by several larger individuals qualifies as the unlawful use of deadly physical force.

Jay
Jay

Sorry Max, self defence out the window now...

maxonepercent
maxonepercent

I don't know the guy, but from my understanding he was released because the charges were dropped because the prosecutor determined that he had the legal right to defend himself in that situation.

Susan GraHAM
Susan GraHAM

MadAsHell, Nikey Knuckles was a punk ass thug piece of shit just like you probably are. It is going to be a big problem for Nikey Knucks that everyone defending him is equally worthless. Does Nikey Knucks have any friends that have graduated middle school and may want to try to develop a more legitimate defense for him?

maxonepercent
maxonepercent

This has nothing to do with race and everything to do with stupid people and rude behavior.  It wouldn't matter to me what color "Nikey Knuckles" was, he chose to gang up and attack a much smaller man for having the audacity to ask his friends to turn down the music at 2 AM on Monday morning, this proves that he was a dumb thug.  As the saying goes: act like a thug die like a thug, Batten just learned that lesson.

As far as I am concerned, I do not tolerate rude and thuggish behavior in the vicinity of me or my family.  I frequently politely confront people like who insist on behaving like your friends did that Monday morning and the vast majority of the time they politely comply.  When they don't, I get the cops involved.  But if anyone of those people were to lay a hand on me they would regret it.  As I said before, I know the law and I am ALWAYS exercising my rights to the full extent of said law.

maxonepercent
maxonepercent

This has nothing to do with racism and everything to do with shitty behavior by shitty people.  And you don't know what I would do on the street, but I guarantee you I will not put up with rude, thuggish behavior by anyone in the vicinity of me or my family.  I have politely confronted many loud obnoxious people in my day and 99% of the time they are polite and comply, when they don't I get the cops involved.  But if any of those scumbags were to lay a hand on me they would regret it.  As I said before, I know the law and I am ALWAYS excercising my rights to the full extent of said law.  Three words for you and your subhuman ilk: BRING IT ON

N2clouds
N2clouds

You are a danger to the world. His girlfriend looking out the window you hood rats trying to get the Murder free. He stood have keep dumb butt home. Don't have any children please the going to be very unstable. His friend need to be charge to with the intent to cause harm. They need to move this case out of this city. So it would be fair justice will be done like it or not. SO AGAIN SHUP THE HELL UP.

maxonepercent
maxonepercent

Not to mention if they were out there at 2 AM there is a good chance they were drinking too, in which case their testimony looses all credibility.

maxonepercent
maxonepercent

If he pleads he is an idiot with terrible legal representation.  In cases like this in states that have the kind of expansive self-defense laws that Arizona does it is very rare for juries to actually convict.  Think about it, only one of those 12 jurors has to say "not guilty" and he walks.  Furthermore, witnesses can be easily discredited, especially if they were friends of the victim and they were drinking.  The whole thing turns into a "he-said-she-said" fiasco in the courtroom and juries generally don't like sentencing people for capital offenses on flimsy witness testimony alone.  The odds are really good that the charges will be dropped long before a trial has any chance of becoming reality.  Look up the Dave Appleton shooting if you want a good example of what is going to happen here.

N2clouds
N2clouds

Did you read he shot first then it was a fight. Y'all need to get over yourselfs. He went looking for trouble and took life

friend
friend

Jay, have you given any thought to the likely possibility that the witness is not correct? Kyle's girlfriend is an eye witness. She watched it happen out of their apartment window. The physical attack on Kyle Levitt began before Kyle shot at the attacker.

maxonepercent
maxonepercent

Hardly, even if the witness testimony is to be believed, he still could have felt threatened enough to use his weapon.  The law is very clear on this matter, a person has the right "to protect himself against the other's use or ATTEMPTED USE of unlawful deadly physical force."  I don't blame the police for filing charges here, they are just filing out the paperwork and doing their jobs, but I have looked at the evidence pretty closely here and I think there is a very high likelihood that these charges will be dropped once the DA gets a good look at this case.

maxonepercent
maxonepercent

Riiiight, moving the case out of metro Phoenix and into rural Arizona will definitely ensure the outcome you desire.  Dear god you are a complete moron.  You would probably like to see him tried in front of a jury composed entirely of Black Panthers and other scumbag subhuman racists, because that is the only chance in a frozen hell of Levitt being convicted of these unjust charges.  Also, it is pretty funny to see a person who lacks the basic ability to use even partially correct grammar and spelling telling anyone that "they shouldn't have children".  Once again, if people like you are friends of "Nikey Knuckles" than I think we should all breathe a sigh of relief that he is dead.

RIP GABE BATTEN
RIP GABE BATTEN

Bye bye buddie and if gabes friends aren't good witnesses neither is his bitch girlfriend. Faggot got scared so he shot typical bitch move rot in prison lol rip... Rest in peace Gabe, that asshole isnt getting away with shit

friend
friend

They were drinking. Kyle was sober.

Guest
Guest

Pick up the soap KYLE !!!!

N2clouds
N2clouds

Who are you no one has been told anything about the case.

Guest
Guest

My thoughts and prayers go out to the entire Batten family who are wonderful people. Gabe will be missed.

RIP Gabe Batten
RIP Gabe Batten

Well if Kyle has friends and supporters like u I hope he spends life in prison where he and all of you belong for thinking shooting someone because they disagree is an ok activity. Grow up kid that guys a killer and should never get out.

Susan Graham
Susan Graham

RIP GABE BATTEN, Kyle was the pussy? He walked up to a group of five drunk moronic gang bangers (all of which were twice his size) all by himself and asked them to turn their music off. Then Nikey Knuckles and two other punk ass thug pieces of shit jumped him. It's quite clear that you lack social skills and suffer from at least a mild case of retardation just like Knucks and his boys. The only two eye witnesses watched Kyle getting jumped before the shot went off. Too bad the homies of Nikey Knucks left him there at the pool to die like a bunch of pussies.

maxonepercent
maxonepercent

Do you really think you are helping your cause with your idiotic grammar, total lack of reason and relentless reliance on childish insults?  If you are the kind of people that were friends with "Nikey Knuckles" than I think it is just more proof that he was a worthless wanna-be thug and petty criminal.

RIP Gabe Batten
RIP Gabe Batten

For someone who says they are smart you don't read at all that fucker shot before a fight happen so ya pussy behavior is what Kyle showed

maxonepercent
maxonepercent

Damn, reading your incoherent moron-speak gives me a headache.  Did you drop out of school in the 3rd grade or something?  Anyway, I think he will be perfectly safe.  He has already proven that he has a gun and he knows how to use it.  He has already dropped one dumb thug, any others that step up will be even easier.  As far as I am concerned, lets just say I know the law and I am always exercising my rights to the fullest extent of said law.  Your lack of logic is also amusing: so ganging up and attacking a single much smaller person is not "pussy" behavior, but shooting someone who is trying to beat you unconscious is "pussy" behavior?  OK then.  Levitt will never see the inside of a prison, at least not as a result of this case, just wait and see.

RIP GABE BATTEN
RIP GABE BATTEN

We all will be done after all you bitch ass fucks are vanquished.. U think even if he get out he will be safe I really hope you all get together so all of you will be taken out in cold blood like he did Gabe. Fuck u if u think being a pussy makes u great. In prison he will have no gun then we will all see how pussy gets fuckd bitch

maxonepercent
maxonepercent

Levitt will be released on bond no later than next week and he will never be convicted for this shooting.  Gabe Batten was obviously just another cowardly low-life scumbag wannabe thug who died like a thug.  Talk all the shit you want about the innocent man who put an end to your moronic friend, "Nikey Knuckles" is burning in Hell as we speak and he isn't ever coming back.  Good riddance, now hopefully all his thug friends go out the same way.

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