THE WOODBURY COUNTY ATTORNEY HAS RULED THAT A SIOUX CITY MAN WHO FATALLY SHOT ANOTHER MAN WHO HAD FORCEFULLY ENTERED HIS HOME ON APRIL 9TH SHOT THE MAN IN SELF DEFENSE.
THE RULING STATES THE OCCUPANT OF THE HOME, 29-YEAR-OLD TRAVIS GUTIERREZ, JUSTIFIABLY USED DEADLY FORCE WHEN HE SHOT 19-YEAR-OLD JOSE MONTANEZ.
POLICE SAY MONTANEZ BROKE WINDOWS TO GAIN ENTRY TO THE HOME, AND BEGAN DAMAGING THE INSIDE OF THE HOUSE.
GUTIERREZ CONFRONTED MONTANEZ AND ASKED HIM TO LEAVE.
MONTANEZ REFUSED TO LEAVE AND ASSAULTED GUTIERREZ, WHO MANAGED TO GET HIS GUN AND THEN SHOOT MONTANEZ.
AN AUTOPSY SHOWED MONTANEZ HAD BEEN USING LSD AND MORPHINE AT THE TIME OF THE HOME INVASION.
HE DIED FROM HIS INJURIES AT A LOCAL HOSPITAL.
