Kyle Levitt, Tempe Murder Suspect, Actually Is a Student at Arizona State University

Despite earlier reports from the Tempe Police Department that the men involved in yesterday morning's shooting weren't students at the nearby Arizona State University, it turns out the alleged shooter actually is.

Kyle Levitt, the 25-year-old Tempe resident who police say fatally shot 20-year-old Gabriel Batten, is an undergraduate student at the University, Tempe Police Sergeant Jeffrey Glover confirms to New Times.

ASU's student directory shows Levitt is an undergraduate student pursuing a degree in psychology -- at least he was until yesterday.

Glover says Levitt was expected to graduate from the University soon, possibly after this semester, which ends in a few weeks.

Levitt's accused of shooting Batten after an argument over loud music at a pool inside the Haven Luxury Apartments near Broadway Road and McClintock Drive early yesterday morning.

Police got a call about a noise complaint around 2 a.m. Monday, which turned into a call about shots fired as officers were responding.

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.

When another person began to struggle with Levitt, police say Francisco Perez -- 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.

Batten and Perez were not students at the University, according to police.

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