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County Attorney Calls Fatal Shooting Justified

County Attorney Calls Fatal Shooting Justified

By Jake Wasikowski & Michelle Molison. CREATED Jan 25, 2013

Omaha, NE - Douglas County Attorney Don Kleine says a deadly shooting in South Omaha Thursday night was justified, and no charges will be filed.

Police say a man and his wife heard someone trying to break through the back door of their home on 16th & Drexel around 11:35 Thursday night.

Investigators say the alleged intruder, 42-year-old Raul Rivas, grabbed the woman in a threatening manner when she came to the door.  That's when the homeowner, 29-year-old David Erives, grabbed his rifle.  The intruder wanted to fight, so Erives shot him in the knee.  Rivas came at the shooter again and the homeowner shot him in the chest.  Rivas died at the hospital.

"All indications are that the shooting was justified, that it was self -efense," Douglas County Attorney Don Kleine explained. "The person who used the firearm said I was in fear for my life, I feared for my spouse, I had warned this person several times, and he didn't abideby  my warnings."

Kleine says it appears Rivas had been drinking.  It's unclear why Rivas came to the home at that time of night, but he was not armed.

"The female did at least know who that person was to some extent, but I'm not sure what the relationship was," Kleine added.

A neighbor of David Erives, who did not want to be identified, said she doesn't think he would have shot at someone without a reason.

"If he shot somebody for intruding in his home, I applaud him.  I think he has a right to protect his wife, his family, his home," the neighbor said.

Erives was not arrested and was released by investigators after questioning.  They are waiting for autopsy results, which will determine if Rivas was drinking.