Updated: 11/27/2012 6:30 a.m.

Marion County Sheriff's Deputies are reporting a fatal shooting last night at 3200 Smeltzer Rd.

According to Sheriff Tim Bailey, Police responded to a domestic violence call at the Pleasant Acres trailer park. They received a 911 call at around 10:15 p.m. Sunday reporting that Byron L. Holveck, 40,  was threatening to kill his girlfriend as well as a neighbor and had fired a gun into the air.

The girlfriend, Heather Nightwine, told investigators that earlier in the day, Holveck had threatened to commit suicide by cop. The meaning of this is to make a threatening deadly-gesture toward Police officers, forcing them to shoot in self-defense.

When deputies reached the scene, they found him in the yard with a gun drawn. Holveck then reportedly aimed his gun at an officer and was then shot by deputies. The Marion County Sheriff's office says they had no choice but to shoot him.

The investigation has revealed that Holveck's gun was a Gamo CO2 pellet gun--which officers say carries a "very close resemblance" to a Walther PPK semi auto handgun.

After the shooting, Holveck was taken to Marion General Hospital before being transferred to Grant Hospital where he was pronounced dead.

According to reports, Holveck had no previous criminal history besides an OVI arrest in 2010. The autopsy has not yet been completed so no information is available regarding how many shots he was hit with.