Family mourns, investigation continues in death of Nicholas Burkholder

ELYRIA — The family of Nicholas Burkholder said that they will fight to bring him justice, as they gathered to remember him and celebrate his birthday Wednesday at the intersection where he was shot in the back and killed. Burkholder, 25, was shot and killed by a 54-year-old man, who has not been identified, early Sunday morning. According to Elyria police, the man said he was acting in self-defense when he shot Burkholder near the intersection of 16th Street and Middle Avenue. Family and friends of Burkholder said Wednesday that Burkholder had only stopped to help the man with his broken down truck when the 54-year-old shot Burkholder in the back. They said that all Burkholder had in his hands at the time of the shooting was a bowl of cereal. They gathered on what would have been his 26th birthday, to pray, cry and release balloons in his honor. Robert Herron said that Burkholder was one of his best friends and had been staying with him when they went out with friends to celebrate Burkholder's upcoming birthday. Herron said the group left his home to take two friends home to Cleveland shortly before 3 a.m. on Sunday when they came across the broken-down truck with the 54-year-old sitting inside. Herron, who was driving, said that Burkholder hopped out of his car and approached the window of the truck planning to offer help while still holding a bowl of cereal he had been eating. Once he arrived at the open window, Herron said Burkholder asked the man if he had a gun, which the man said he did. At that point, Herron said, Burkholder turned away from the truck and was shot in the back. "He (Burkholder) never touched the dude," Herron said. "... All he did was go up to the door. I didn't see him try to open the door, nothing. He tried to ask him if he needed help. (Burkholder) turns his back, and he shoots him in his back." Elyria Police Chief James Welsh said that the department had not charged or arrested the 54-year-old on Sunday morning at the scene, but that the investigation was still ongoing. Lorain County Coroner Dr. Frank Miller confirmed that Burkholder was killed by a single gunshot wound in his back. "This is an active investigation, and no charges have been filed at this time," Welsh said. "Our detectives are continuing to review statements and evidence. When that work is complete, we will present the facts to Lorain County Prosecutor Tony Cillo's office and a Lorain County grand jury for review to determine if criminal charges are warranted. We will always choose accuracy over speed, especially when there's been a loss of life." As the investigation unfolds, Burkholder's friends and family said they will remember a young man who always offered a joke or a helping hand despite his own issues, which landed him in legal trouble a number of times over the years. "My son was just a helper," said Burkholder's mother, Andrea Souders. "... He might have a rap sheet, but he had a heart. He really did. That is all I can say. He was an amazing, bubbly, boisterous goof. You know how they say pennies from heaven? He is sending me $5 bills. He was just extra." Souders said that based on what she knew about her son, and what she had heard from Herron and his other friends, she believed that Burkholder had stopped to offer help when he was met with a gun. Herron said that those who had gathered on Wednesday would remember Burkholder's laugh and generosity, and that they would make their voices heard to pursue justice for him. "Everybody around here, if they don't (charge the 54-year-old) it is gonna be 'Justice for Nick,' you know what I mean? They are going to protest for it. At the end of the day, when you walk away with your back facing like that, there is no way you should have picked up a gun anyways and shoot somebody in the back." Contact Owen MacMillan at (440) 329-7123 or omacmillan@chroniclet.com.