Justifiable homicide in Finley?

Justifiable homicide in Finley?
BENTON COUNTY, Wash. - Deputies believe a grandson was trying to protect his grandfather when he fatally shot Jerry Barton.

KEPR sorts through the fight between family members and why charges may not come.

A quiet neighborhood in Finley became a crime scene in just moments. Deputies arrived to find 53-year old Jerry Barton dead of a gunshot. Very few details of the shooting were made known.

Kevin Quandt lives just down the road on East Bowles. He said, "There was no information the first day, and then the second day they took a kid in but brought him back. No one was charged."

Still, no one is charged in the shooting. Kevin says this part of Benton County has been quiet, peaceful.

"So, we just, around here, just been kinda waiting to see what happened," he said.

What happened appears to be a fight between family members.
Deputies say Barton got into an argument with Oliver Smith about livestock.

Detective Lee Cantu said. "Jerry started shouting, yelling at the older gentleman and he tried to remove himself from the situation."

Smith had been on an ATV at the time. Detectives believe the elderly man was pulled off by Barton and a fist fight began.

Timothy Brown came running out to protect his grandfather. He had a gun and fired a warning shot in the air to break up the fight.

Deputies say Jerry Barton grabbed Brown's wrist, the gun went off and Barton was shot in the chest. He was dead within minutes.

KEPR was able to speak to one family member who told me, point blank, nobody in this family would be speaking about the incident. They see it as a tragic accident and are just hoping to move past it.

74-year-old Oliver Smith was treated at the hospital on Friday and sent home.
Brown was questioned but not arrested. Deputies think they know what happened and it's not necessarily a crime.

Kevin said,"That's good to hear it's solved so to speak."

It's not yet solved but also not a cold blooded killer on the loose. Now it's a matter of deciding whether this homicide was justified.

A ruling on that could come within the next couple weeks. When the investigation by Benton County Deputies wraps up it will be up to the Prosecutor's Office to determine if charges will be filed.