Kyle Levitt Arrested in Murder of Man Shot at Tempe Apartment Complex Pool
Tempe police have arrested a 25-year-old man on a murder charge in the shooting death of a man at an apartment complex pool yesterday.
Police say Tempe resident Kyle Levitt shot 20-year-old Gabriel Batten after an argument over loud music at a pool inside the Haven Luxury Apartments near Broadway Road and McClintock Drive early yesterday morning.
Tempe Police Sergeant Jeffrey Glover told New Times yesterday police got a call about a noise complaint around 2 a.m., which turned into a call about shots fired as officers were responding.
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Levitt, who police say wasn't the one who called the cops complaining about the noise, brought out his gun to confront the people at the pool about the noise, police say.
After an argument between Levitt and the loud pool people turned into a physical altercation, police say Levitt shot Batten in the abdomen.
There was also another person who police say brought a gun to complain about the loudness at the pool -- Francisco Perez, who turns 24 on Thursday.
When another person began to struggle with Levitt, police say Francisco -- a friend of Levitt's -- fired his gun in the air, effectively ending the confrontation between the parties.
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 yesterday, and were arrested on charges by yesterday evening.
Levitt was arrested on one count of second-degree murder, and Perez was arrested for unlawful discharge of a firearm within city limits.
Police say the men involved are not students at Arizona State University, which is no more than a couple miles away from the apartment complex.