I have recently received reports that were generated as a result of the investigation into a shooting that occurred in Kettle Falls at the end of August.  Stevens County Sheriff detectives, Washington State Patrol detectives, the Spokane County Medical Examiner’s Office, and the WSP toxicology lab generated the reports. The reports detail the events leading up to the shooting Mingo Mountain Rd. The call made to 911 immediately after the shoot was also reviewed as well as all the witness statements. After reviewing all the evidence, I made the judgment that the shooting was in self-defense and that no charges will be filed against the homeowner.

Briefly, the reports and witness statements relate that the deceased man was sometimes a visitor at the residence. On this occasion, he was visiting in the shop of the owner and was drinking.  Some other persons stopped by to visit and the deceased man acted very aggressively toward them.  They felt uncomfortable and left.  Shortly after they left, the visitor made statements to the property owner that caused him such concern that he retrieved a shotgun and without pointing it, told the visitor it was time for him to leave. The visitor refused and threatened the homeowner.

The visitor then grabbed at the shotgun.  The owner struggled with him and managed to keep control of the weapon.   The owner then stepped back into the shop, pointed the weapon at the visitor and told him to leave right then.  Again the visitor refused and threatened that he was going to take the shotgun away from the owner and kill him with it.  The visitor came toward the homeowner and the homeowner fired the shotgun at close range.

The homeowner immediately called 911 and reported what had happened. He stayed on the line with the 911 operators until the authorities arrived.  He was cooperative and gave a detailed statement about the events leading up to the shooting.  His statements were complete and consistent with the other witness statements.

The forensic evidence gathered was consistent with the homeowner’s and the other witness statements.  The toxicology laboratory showed that the deceased had a blood alcohol level of  0.31   This is about 4 times the amount of alcohol necessary to be DUI.  (.08)

A person has a right to protect their home and their life from an immediate threat. This highly intoxicated person was in the property of the homeowner.  He refused to leave when directed to do so by the homeowner who was holding a shotgun.  He tried to take the shotgun from the homeowner and threatened to kill him with it. He came toward the homeowner, apparently with the intention of doing exactly what he said he was going to do.  In my judgment, the homeowner was justified in believing that the visitor presented an immediate threat to his life and he acted to protect himself. Therefore, there will be no charges filed.