Homeowner will not face charges in Pasco shooting

Homeowner will not face charges in Pasco shooting »Play Video

FRANKLIN COUNTY, Wash. -- The Franklin County Prosecutor will not file criminal charges against Rudy Ontiveros for shooting and killing 28-year-old Stephan Aceves.

Ontiveros never denied he shot and killed Aceves. He said he felt threatened. Now the state has decided that threat was a justifiable homicide.

Alcohol, a height difference and a past precedent all factored into what happened on Feb. 14th and the decisions afterward.

"The crime that we were really looking at was that this is a burglary. If one enters, unlawfully remains or unlawfully enters a house without lawful authority, that's a burglary," says Franklin County Prosecutor Shawn Sant.

Prosecutors say Ontiveros had a clear threat before him and that he was defending his home and the four children inside when he shot Aceves four times.

Toxicology reports show Aceves was extremely drunk, with a blood alcohol content of 0.35.

The state said most people would be passed out or nearly in a coma with that kind of intoxication. It's likely the 28-year-old had a high tolerance for alcohol since he was on his feet and pushing into a stranger's door.

Sant says 911 tapes showed Aceves pounded on the door and refused to go away. Ontiveros told him over and over he had a gun and tried showing it through the window. When Aceves didn't leave, the 5'4" homeowner cracked the door to show his weapon, and the 6'5" intruder burst inside.

Ontiveros unloaded. Two shots in the chest, two in the head.

Sant described the 911 call.

"You can hear the yelling toward the front door, 'Get the F out of here,' and that's when you hear the four shots fired," he says.

We also learned this wasn't the first incident where a drunken Aceves tried to break into a stranger's home.

The prosecutor cited a similar incident last year in Troy, Montana. A homeowner held Aceves at gunpoint until police arrived.

Calling this a tragic incident, the state wanted to remind the public that alcohol can have "horrific consequences."  You may read the prosecutor's summary of the decision here.

We spoke with Ontiveros. He was cordial and open about the incident, but declined an interview.