(DCNF)—A Washington state prosecutor dropped murder charges against a man, saying he acted in self-defense.
The Benton County Prosecutor’s Office announced Thursday that it determined Jose Cruz Escobar probably acted in self-defense in a fatal Oct. 12 confrontation with his half-brother, NBCRightNow, a Yakima-area TV station reported. Escobar initially told law enforcement officers that his half-brother, Alejandro Salazar, had been shot in a drive-by shooting, which the investigation later disproved, according to a release from the Benton County Sheriff’s Office.
“Based on the information known at that time and following consultation between the Sheriff’s Office and the Prosecutor’s Office, Jose Cruz Escobar, Alejandro Salazar’s half-brother, was booked into the Benton County Jail for a felony investigation hold,” the prosecutor’s office said in a Thursday Facebook post. “Following additional investigation and meetings between the investigators and assigned prosecutors, the Benton County Prosecutor’s Office has determined that there is insufficient evidence to continue to detain Jose Cruz Escobar. This is based on evidence indicating that Cruz Escobar likely acted in self-defense.”
After Salazar threw a rock that damaged the optical sight on Escobar’s gun, the two went outside, where during a confrontation Escobar fired multiple warning shots into the ground before he fatally shot Salazar.
“Upon further extensive review by law enforcement and the assigned prosecutors in the days following his arrest, it appears that Cruz Escobar acted in self-defense when he fired the round that struck Salazar. Salazar had engaged in threatening behavior the night before directed at his sister,” the prosecutor’s office said. “His sister did not feel safe and did not want to remain at the residence with Salazar. Salazar had been contacted the day before by law enforcement leading to a mental health crisis that required his hospitalization.”
“Salazar’s aggressive behavior continued upon his return from the hospital, including threatening his sister with the rock, punching Cruz Escobar, throwing a rock at Cruz Escobar, who was much smaller in stature, and approaching Cruz Escobar in an aggressive fashion at the time of the shooting,” the statement continued. “Based on this information, Cruz Escobar will be released from custody on his investigative hold. The Prosecuting Attorney’s Office is deferring a final charging decision pending a review of the outstanding records that have been requested by law enforcement.”
Second Amendment Foundation President Massad Ayoob noted that Escobar’s warning shots may have helped lead to his arrest.
“Warning shots create the false impression that you’re trying to kill someone you are actually trying not to harm; there are often more ear-witnesses than eyewitnesses,” Ayoob told the Daily Caller News Foundation. “There are other issues with warning shots as well, which is why they are normally never recommended for law-abiding armed citizens and are generally forbidden for police. They also often fail to accomplish anything positive, as was apparently the case in this matter.”
“A couple things come to mind: Warning shots are dangerous and often illegal. One should not fire warning shots. If you feel you are facing an imminent threat of death or great bodily harm (a person attacking you with a rock) then you should use the force needed to stop that threat,” United States Concealed Carry Association Senior Training Counselor Kevin Michalowski told the DCNF. “Also, never lie to the police. The physical evidence will bear witness to what happened. Make no statement until you have an attorney present. Meet with your attorney first. Then, with the help of your attorney, provide your account of the incident to police.”
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