A Pasco, Washington, homeowner who fatally shot a drunken wanderer last month will not face charges because he acted in self-defense, Franklin County prosecutor Shawn Sant announced last Wednesday.
With his 9mm pistol, Rudy Ontiveros Jr. shot Stephan S. Aceves four times in the hand, chest and head while the 28 year old was apparently trying to force his way into the man’s home at 2:30 in the morning on Feb. 14, the prosecutor explained at the press conference.
According to lab tests, Aceves had a blood alcohol content level of .35 percent, more than four times the level in which one would be considered impaired under state law (.08), when he began making his way into Ontiveros’s home.
“This is a tragic incident and a reminder that alcohol is a drug and can have horrific consequences, especially at elevated levels,” Sant said.
A pathetic drunk stumbling around does not pose a lethal threat, but the gun owner claims he thought exactly that.
The way I see it there are only two possible explanations. One, the home owner is lying about having been in fear for his life and was really so outraged at the audacity of someone entering his home that the home owner executed him on the spot knowing that the permissive castle doctrine defense would get him off. Or two, he mistook the harmless drunk man for a true threat.