ANDERSON — An Anderson man who suffered two gunshot wounds to the head Wednesday died Saturday.

Madison County Prosecutor Rodney Cummings said Jacob Phipps, 34, died at 5:42 a.m. at Ascension St. Vincent Hospital in Anderson.

Cummings said he expects the man arrested by Anderson police at the time of the shooting, Elliott W. Swallows, 41, 1700 block of Meridian Street, to be charged with murder.

Swallows was arrested Wednesday on a preliminary charge of battery resulting in serious bodily injury. The Madison County Prosecutor’s office was given 72 hours to file formal charges against Swallows, who was detained Sunday on a full cash $20,000 bond.

The Anderson Police Department affidavit of probable cause states Swallows was at his residence with his girlfriend, Kyrsten Arena, and Dakota Stephenson about 6:16 p.m. Wednesday.

Two witnesses, Thomas Schoettmer and Charles Stuller, told police they went to Swallows’ house with Phipps to talk about a leaf blower sold to Swallows.

The witnesses said they were allowed into the residence by Stephenson. They said Phipps and Swallows got into an argument and they saw Swallows pick up a handgun and fire three shots.

The two witnesses then left the house at the same time as Stephenson and Arena.

Swallows called 911, telling dispatch he had shot an intruder. When police arrived, they found Phipps lying on the floor of the living room with gunshot wounds to the head.

Swallows told police that he didn’t know whether Stephenson let Phipps into the house and that Phipps started yelling at him.

He said Phipps started to approach him while he was seated on a couch and he thought Phipps was going to punch him. Swallows said he picked up the handgun and fired three or four shots.

The probable cause affidavit states that Swallows did purchase a leaf blower but that was not the reason for Phipps to come to the residence.

Swallows told police he “smokes and sells a little Katy” and that might be the reason for the visit.

Arena told police she saw no physical altercation between Swallows and Phipps, but she said she saw a “big guy” walking toward Swallows.

Phipps suffered two gunshot wounds and was initially transported to St. Vincent Hospital Anderson and then was taken to an Indianapolis hospital.

According to court records, Swallows was convicted several times from 2003 to 2012 on charges of possession and dealing marijuana, burglary and theft and carrying a handgun without a license.

Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.

Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.

Senior Reporter covering Anderson and Madison County government, politics and auto racing for The Herald Bulletin. Has been working as a journalist in central Indiana since 1977.

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