A deadly January confrontation in the parking lot of the Steak 'n Shake in Oakley will not lead to criminal charges, Cincinnati police say, after prosecutors ruled the shooting was an act of self-defense.
The man who died, 31-year-old Merris Kelley, was found with multiple gunshot wounds in the restaurant’s parking lot on Jan. 27. An unnamed man told dispatchers he shot Kelley after an alleged robbery attempt, and one person was detained for questioning at the scene, according to Cincinnati police.
Prosecutors later reviewed police files and dispatch records and concluded the shooting was justified after Kelley allegedly pulled a gun on a man he knew and stole the man’s iPhone and $3,670, The Cincinnati Enquirer reported. The dispatch report quoted the shooter as saying he “had to shoot” Kelley because of the attempted robbery, according to those records.
Cincinnati police said officers were called to the 4900 block of Ridge Avenue just before 6:30 p.m. and found Kelley suffering from gunshot wounds. Firefighters pronounced him dead at the scene, Lt. Jerome Herring said, as reported by WCPO. One person was detained for questioning, and the department’s Homicide Unit took over the investigation, officials told local reporters.
Why Prosecutors Declined To Charge
After reviewing evidence and statements gathered by detectives, prosecutors opted not to file charges in the case, department spokesman Sgt. Anthony Mitchell told The Cincinnati Enquirer. The decision leaves the case without a criminal filing, though investigators say they are still working to firm up the timeline and corroborate details.
Neighbors And Businesses React
The shooting rattled business owners along the busy Oakley stretch of Ridge Avenue, where the Steak 'n Shake sits in the middle of a typically crowded commercial corridor.
“I can’t imagine,” said Ronda Austin, who owns a shop next to the restaurant. She told FOX19 the killing has her rethinking security and planning to add more cameras and other precautions.
Local Context
City data and local reporting indicate Oakley had no reported shooting victims in 2025, making the Jan. 27 killing one of the first such incidents in the neighborhood in recent years. In its original Jan. 28 coverage, Hoodline noted that police said the restaurant itself was not involved in the dispute.
Detectives with the Cincinnati Police Homicide Unit say they are continuing to investigate and have not announced any charges, and officials are urging anyone with additional information to contact investigators. For more details, see reporting from WCPO and FOX19.
