ALLAMUCHY — A Warren County grand jury has determined that a 20-year-old woman was justified in shooting and killing her ex-fiance after he attacked and sexually assaulted her inside her home in March.

Rachael Morrissey was cleared of any wrongdoing in the death of 24-year-old Gage Theard, a Naval Flight School trainee from Milton, Florida. Police say the shooting took place March 19 at the woman's home in Panther Valley section of this Warren County township.

Police say a few weeks prior to the incident, Morrissey broke off the couples' engagement and Theard had unsuccessfully tried to rekindle the relationship. On March 17, Theard left Florida, bound for New Jersey. He stopped in Winchester, Virginia, on March 18 and contacted Morrissey electronically, asking to see her and discuss the breakup. She initially agreed, police said, then canceled the meeting when they couldn't agree on a time, and told Theard she planned to meet another male friend. She also rejected his pleas to rekindle their relationship.

Prosecutors say Theard then went to a Lowe's Home Improvement store in Winchester, where he bought duct tape and zip ties. After contacting Morrissey again and having his advances rejected again, Theard continued driving toward New Jersey.

Police say Theard arrived at his ex-fiance's home at about 10:30 p.m. armed with a 9mm handgun, two knives and a duffel bag containing additional ammunition and the supplies he purchased at the hardware store.

Theard then forced his way into the woman's home, police say. He attacked her and sexually assaulted her, holding a knife to her neck and threatened to kill her "if she tried anything."

Police say Theard tied Morrissey to a chair and spent hours talking about suicide after realized he had committed criminal acts. He then showed her how to load and shoot his weapon and told her to shoot him and threatened to shoot them both if he refused.

The prosecutor's office said that fearing for her life, Morrissey shot Theard in the shoulder. He lunged toward her and she shot again, striking him in the shoulder before running from the home and calling police.

Authorities arrived at the home and found Theard's body on the second floor. He later succumbed to his wounds. Morrissey, who police say cooperated with investigators, was treated at a local hospital and later released.

Toniann Antonelli is a social content producer for NJ 101.5. She can be reached at toniann.antonelli@townsquaremedia.com, or on Twitter @ToniRadio1015.

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