After weeks of investigating, the Franklin County Prosecutor has decided no charges will be filed in February's fatal shooting of a home intruder in Pasco.
PASCO, WA - After weeks of investigating, the Franklin County Prosecutor has decided no charges will be filed in February's fatal shooting of a home intruder in Pasco.
The final ruling is the shooting was justified. It happened in the middle of the night back on February 14th on Savory Drive in Pasco. The prosecutor says 28 year-old Stepen Aceves was intoxicated and banging on the door of the home trying to get in. That is when the homeowner shot Aceves.
"The four shots were fired in about one second," explained Franklin County Prosecutor Shawn Sant. "After the shots were fired Stephan fell from the entryway to the outside entryway landing on his back."
In the home; that is the main factor according to Franklin County Prosecutor Shawn Sant in his investigation, "it let us know for sure exactly where the body was and one of the other questions was...was there any evidence of movement...no."
The 911 call recording begins with faint shouting from Ontiveros. "You could hear Rudy yell what sounds like get the...bleep out" said Sant. His fiancé made the call.
She stayed on the line with operators for over 5 minutes. In the recording the operator asks, "Did you just fire a weapon?" The fiancé replies, "Yeah, he got in our house."
The evidence was all laid out in the entryway. Bullet casings and fragments in the door showed the shots came from inside heading out. In the report, Ontiveros claims he was even backing away as he fired.
"Rudy is 5'4. Stephan is 6'5," said Sant. "Rudy indicated that he felt like he was scared. He's got 4 young kids under the age of 12 in the house."
Almost a year earlier Aceves had a similar situation but was never charged. He entered a home in Montana. According to Sant, that report stated he was intoxicated and was held at gunpoint until police arrived. "It doesn't appear that any criminal charges originated from that incident."
In this case Aceves did have a blood alcohol content of .35, which is four times the legal limit to drive.
"This is a tragic incident and a reminder that alcohol is a drug and can have horrific consequences especially at elevated levels."