Was fatal shooting self-defense?

DAYTON, Ohio (WDTN) - Police are investigating whether a shooting Thursday morning that killed Michael Neibert, 41, of 3803 E. Third St. was done in self-defense.

One witness told 2 NEWS he heard arguing before the shots were fired just after 2 a.m.

2 NEWS spoke with the victim's fiancee, Christina Spurlock. She still had on one of the rings that Neibert gave her.

To her it represented a promise of a life together beyond just their time here on Earth.

"I guess after life if you have the ring you're supposed to be with the one who gave it to you for eternity," Christina says. "Kind of ironic."

Christina had been sleeping just a few houses away when Neibert was shot and ran to see what had happened.

"I heard Mike wailing like he was in pain and I heard his son Luke saying, 'Dad, dad, someone help my dad,'" Christina says.

2 NEWS cameras were rolling as Christina fought with officers when they wouldn't let her stay by his side.

"I just wanted to go back to him one more time to say goodbye or give him a kiss," Christina says.

Christina says the backyard where Neibert was shot is shared by Neibert's mom and the landlord who's in the other side of the duplex.

She tells 2 NEWS it was one of the landlord's friends who shot Michael.

In a call to 911 a man who identified himself as the person living in the home says two men with masks on broke out his back window to get inside. He ran next door to make the call.

But Christina says Neibert would often go to the yard to check on his mom late at night.

She says she's not sure why the man opened fire on her fiance but she wishes he would have hesitated before pulling the trigger.

"You don't know who you're hurting or who you're taking away from people so ask questions," Christina says.

Now Christina is trying to move on without the man who was a father to three children and three step children.

His name will always be by her hand where it's tattooed but also in her heart.

"Now there's a lot of children without a daddy," Christina says. "He was such a sweet person."

Neibert's fiancee says he had been drinking that night but that he wasn't drunk.

2 NEWS did some checking on Neibert's background.

A record's search showed a robbery conviction for Neibert from 8 years ago. He had some other charges listed in Montgomery County but wasn't convicted.

Police are still investigating his death. They couldn't be reached for comment.