On April 11, 2006, Proof was shot three times by Mario Etheridge, once in the head and twice in the chest, after a dispute broke out during a game of billiards on 8 Mile Road in Detroit, Michigan. A pool game between Proof and Keith Bender turned into a heated argument and then escalated into a physical altercation. Etheridge, who was Bender's cousin, fired a warning shot into the air. There have been many conflicting reports about Proof and Keith Bender's roles in the shooting, but it was reported that Proof then shot Bender in the head during the altercation. Bender was not immediately killed by the gunshot but died a week later from his injuries. In response to Proof shooting Bender, Etheridge then shot Proof three times, once in the head and twice in the chest, killing him at the scene. At the time of his death, Proof's blood alcohol content was 0.32, four times the legal DUI limit. An autopsy revealed that he did not have any illegal drugs in his system. Proof's lawyer, David Gorosh, accused the police and the media of being "reckless" for suggesting that his client fired the first shots without having any hard evidence. A few weeks after both men's death, Bender's family began a wrongful death suit against Proof's estate. Authorities determined that Etheridge was acting lawfully in defense of another; however, he was found guilty of carrying an illegal firearm and discharging it inside of a building.