BATTLE CREEK (WKZO) -- A Battle Creek man who killed a neighbor will avoid jail all because witnesses testified that the victim, Shane Medley, threw the first punches.

It was early on a morning last April when Jason Horn walked into Medley’s back yard to complain because loud, profane language could be heard by children.  Medley apparently took offense and threw two punches at Horn, who responded and landed a series of blows that sent Medley to the ground.

Horn went home.  Medley was later found dead, still lying where he fell.  Horn pleaded guilty to attempted manslaughter this week as part of a plea bargain.  In exchange, a more serious charge was dropped, and it was agreed that Horn would not receive any jail time, but would be placed on probation.

Horn will be sentenced in late April.