Man shot, killed during after-hours gathering at Tempe apartment complex


by Catherine Holland

Video report by Ryan O'Donnell

Posted on April 9, 2012 at 6:38 AM

Updated Tuesday, Apr 10 at 9:58 AM

Map: Broadway Road and McClintock Drive

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TEMPE, Ariz. -- A 20-year-old man is dead after a shooting in the pool area of a Tempe apartment complex early Monday morning.

It happened at about 2 a.m. at the Haven Luxury Apartments, which are located at Broadway Road and McClintock Drive, just a few blocks southeast of the Arizona State University campus.

It started with complaints about loud music. A short time later, residents called police to report gunfire.

According to investigators, a group of five people had gathered in the pool area after it had closed. Kyle Levitt walked out with a handgun to confront the people at the pool regarding the noise.

Levitt, 25, got into a fight with Gabriel Batten and shot him in the abdomen.

A second person at the pool began to struggle with Levitt. During the struggle, Francisco Perez, a friend of Levitt's, displayed a handgun and fired it in the air, ending the struggle.

Batten was transported to a local hospital where he died.

Levitt was arrested for one count of second-degree murder. Perez, 23, was arrested for unlawful discharge of a firearm within city limits.

Police are still investigating and detectives believe there may have been additional witnesses to the incident. Anyone with information is asked to contact the Tempe Police Department at 480-350-8311.