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Intruder shot and killed by property caretaker with shotgun in Town of Nichols

TOWN OF NICHOLS — On June 19, 2021, the Tioga County Sheriff’s Office responded to the report of a shooting in the Town of Nichols on Waite Rd. near the intersection of Lynch Rd. Deputies and New York State Troopers arrived on scene and found a man, later identified as 29-year-old Cody J. Wagner of Rome, PA, in the roadway with a gunshot to his upper abdomen. Responding police and Emergency Medical Services were unable to resuscitate Wagner and he was pronounced deceased at the scene.

An investigation by the Tioga County Sheriff’s Office Criminal Investigation Division is still ongoing but indicates that Wagner had unlawfully entered the house located at 1958 Waite Rd. in Nichols and was confronted by a caretaker of the property who was armed with a shotgun. The caretaker attempted to escort Wagner to a nearby residence to call 911. Prior to them getting to a location where 911 could be called, Wagner was able to get a revolver out of the vehicle he had driven and pointed it at the caretaker. The caretaker then fired the shotgun once, striking Wagner in the upper abdomen. The caretaker then immediately went to a location where he was able to call 911.

The Tioga County Sheriff’s Office was assisted by the New York State Police Bureau of Criminal Investigation, Nichols Fire Department, Greater Valley EMS, and Tioga County District Attorney Kirk Martin. There are no charges against the shooter at this time.