Posted on 03/24/2014 1:20:55 PM PDT by marktwain
PASCO, Wash. -- We don't yet know if a Pasco homeowner will face criminal charges for killing a man last week.
Stephan Aceves was shot multiple times while trying to get into a home on Savary Drive.
Now prosecutors say they have not decided whether this is considered justified.
The prosecutor and a representative from Pasco PD held a news conference Tuesday but made no announcement on whether there would be charges.
The shooting on Savary Drive appears to be a case of mistaken identity. In this case, it was the house that led to confusion.
The family of Stephan Aceves believes the 28-year old did not realize he was trying to get into a stranger's home at 2:30 a.m. last Friday.
Rudy Ontiveros heard someone pounding on his door and armed himself. A woman inside the home called 911 to report an intruder. Police won't say how Aceves got inside the home, whether the door was locked or unlocked or whether he forced his way in. They do believe some words were exchanged between Ontiveros and Aceves.
Then shots were fired.
(Excerpt) Read more at keprtv.com ...
Note to self: Do not break into someone’s house in the middle of the night and expect to live through it.
Note to the local PD: Why is the investigation taking so long?
The family of Stephan Aceves believes the 28-year old did not realize he was trying to get into a stranger’s home at 2:30 a.m. last Friday.
It may be mistaken identity, but the responsibility for the mistake lies with the diceased (literally, apparently), not the shooter.
Well, maybe not quite everybody...
I am torn on this one. The homeowner finally opened the door to show the person he had a gun and the victim was so drunk he came stumbling in and was shot. Since the police were called why open the door?
I really hate that this happened, but the young man paid for his night of drinking with his life. Alcohol overdose has its consequences, and this is a sad and tragic one.
Yes, that does seem to be a little murky.
Well, another Darwin Award awardee.
aka natural consequences
I would say the responsible party was definitely held accountable for Aceves' death. My only sympathy is a for a homeowner who will now know the joys of our outrageous tort system all becuase some belligerent drunk chose his door to pound on.
If you are a neighbor of mine and you are drunk that you think my house is yours, I will shoot, too.
Yes, I live down the street also and followed this.
George Zimmerman opened the car door and this guy opened the house door and neither should have done that. But in either case it was not illegal to do so, just foolish.
Sant said the autoposy results showed one bullet grazed the back of Aceves’ hand before entering his chest.
he said this is consistent with someone forcing their way into the house forearm first.
Sant said a toxicology was preformed on Aceves and his blood alcohol level registered at .35. That is four times the legal limit for operating a motor vehicle.
Sant ended the news conference by saying this is a tragic incident and a reminder that alcohol is a drug and can have horrific consequences.
http://www.kvewtv.com/article/2014/mar/19/shooting-stephan-aceves-ruled-justifiable-homicide/
Ontiveros — who lives with his girlfriend and at least three young children —
Aceves was celebrating an anniversary at his stepbrother’s house around the corner from 8011 Savary Drive when he stepped outside, possibly to smoke a cigarette, around 2:30 a.m., his family said. He had been drinking alcohol at Applebee’s in Pasco prior to the incident.
Moments later, Aceves’ stepbrother, Clinton Bush, went outside to look for Aceves and heard gunshots, he said.
http://www.tri-cityherald.com/2014/02/17/2833637/family-seeks-answers-in-death.html#storylink=cpy
Ontiveros reportedly told neighbors Aceves lunged at him before he shot him. They said Ontiveros was “visibly shaken” after the incident and felt threatened.
Aceves’ family told the Herald they are upset with Ontiveros and think there was no reason Aceves needed to be shot.
“Why did (Ontiveros) even have to open the door?” Donna Bush said. “He couldn’t wait for the cops to arrive before shooting my son?”
Aceves’ father, Alfredo Aceves, said he would like to speak to Ontiveros about what happened the night his son was killed.
“I don’t know this man. As a parent I would like to know why he opened the door and shot my son,” he said. “All (Aceves) had on him was his wallet and his keys. You call 911. You don’t open the door.”
The Aceves family stood outside Ontiveros’ home Monday night and lit candles to remember their loved one. Alfredo Aceves held up a picture of his son facing Ontiveros’ front window as people inside the house peeked through the blinds. The family stood quiet for around 20 minutes before grabbing hands and saying a prayer.
Stephan S. Aceves was convicted of a DUI in January of 2012. So he may have been drunker than what this story alleges.
Megan Marie
One DUI conviction does not make my brother in law a criminal nor does it mean he deserved to be shot four times and killed. We never said he was not intoxicated however a “trained” security guard should be better at assessing danger especially when the cops were already on their way there was no reason to fire four bullets into an unarmed man. I refuse to believe Stephan gained entrance into the home by force he may have been 6’5 but he weighed a whopping 180 lbs he couldn’t have broken down the door if he was in the home the man either had the door unlocked, which is hard to believe a man who sleeps with a loaded gun in his home is careless enough to leave his door unlocked while sleeping or he CHOSE to unlock the door after the police had already been called and were on their way.
Feb 18 ·
http://www.tri-cityherald.com/2014/02/17/2833637/family-seeks-answers-in-death.html
Megan Marie
The Aceves family has in no way intimadated or harassed this man or his family we hold SILENT vigils to honor our family member. We have not spoken to the man who murdered our family member or anyone in the house. We are simply honoring our family member who was wrongly shot down for the simple crime of knocking on the wrong door. You people all talk about respect for the shooter, what about respect for the young man who was killed and his family the shooter is not a victim he made a horrible choice and that’s all there is to it.
Feb 18
Payton Blake
Standing outside the house like that, and writing messages on the sidewalk, whatever the intention is, is harassment of the family. The respectful thing to do would be to hold vigils outside the family’s own house if they feel the need. They are not the only ones who were affected by the tragedy and they should be more considerate.
Feb 18 ·
http://www.tri-cityherald.com/2014/02/17/2833637/family-seeks-answers-in-death.html
It will be interesting to see if any similar cases involving marijuana occur here in Washington State. I doubt it.
“My worst nightmare came true,” said Alfredo Aceves.
After the Aceves family lost their loved one, they now feel like Stephan Aceves’ killer got off scot-free.
“It’s very tragic, I was hoping for a little bit more fairness in this case, and we didn’t get it,” said Aceves.
Stephan’s family doesn’t believe he meant any harm to the family when he began knocking on their door.
“All I can say is that I am very saddened today because the city of Pasco now, because of this determination that the prosecuting attorney is doing, he’s giving free rein to anybody that owns a weapon here now. If you come to anybody’s house and knock on a door at 2:30 in the morning, whether you’ve been drinking or not, you better be careful,” he said.
http://www.keprtv.com/home/video/Family-of-Pasco-homicide-victim-speaks-out-251117551.html?mobile=y
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.
The victim’s family also believes that the prosecutor was a little too quick to conclude the 4-week investigation, believing there are some questions that still need to be answered.
“It seemed to us like (Sant) based his decision completely and solely on Ontiveros’ story. That’s how it felt to us,” Donna Bush, Aceves’ mother, told the Tri-City Herald. “We had a lot of questions that weren’t satisfactorily answered. We were hoping for a different outcome.”
The family said they’re now considering filing a wrongful death suit against Ontiveros.
Meanwhile, Sant seems confident in his findings, noting that on the 911 call one can hear Ontiveros yell to Aceves to get off the property.
“Rudy states that (Aceves) forced his way into the home using his forearms to force the door open,” Sant said. “The 911 call had just connected and you can hear Rudy yell what sounds like ‘get the (expletive) out’ followed by four gunshots.”
Additionally, Sant said investigators determined that the door was open during the shooting, as several rounds hit the front of the door. Also, all four casings were found in the living room near to the front egress.
“Evidence at the scene clearly indicates that (Aceves) was shot while inside the home,” Sant said.
Yet, despite the evidence, Aceves family believes that Ontiveros, a father or four small children, pulled the trigger prematurely.
“I told the prosecutor that what he did was give free reign to everyone who owns a weapon in the community or city,” said Alfredo Aceves, the victim’s father. “I am going to tell my friends and family that come to Franklin County just to be aware that if you need help and knock on someone’s door, you will be shot four times and killed.”
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