No charges in January shooting of drunk man thought to be home i - Spokane, North Idaho News & Weather KHQ.com

No charges in January shooting of drunk man thought to be home intruder

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SPOKANE, Wash. -

The Spokane County Prosecutor's Office has determined that Kevin Elliott was justified in shooting and killing Jerry King in late January.Elliott suspected King was trying to break into his house and shot him on the night of January 30.

The Prosecutor's Office says King had been drinking and smoking marijuana. According to the autopsy report, King's blood alcohol level was .25 and his THC level was 26. At about 10 p.m. King was crossing the street at Francis and Assembly acting erratically. King then went toward the home of Mary and Dion Lamb on Driscoll Blvd. Mary Lamb saw King in the street. She went into her house and locked her door. 

Moments later, Mary heard a man she thought to be king pounding on her door and demanding to be let in. Dion Lamb heard his wife scream and came to the door, by the time Dion opened the door, the man was gone.

Eventually King made it to the home of Kevin and Christina Elliott on Assembly. The Elliotts were watching TV when they saw a man pass in front of their window and heard them yelling on their front porch. Kevin Elliott went to the door and looked through the peephole where he saw a man he didn't recognize waving his arms and yelling. Kevin Elliott, concerned, grabbed his gun.

According to the Prosecutor's Office, Kevin Elliott answered the door with the gun at his side and told King to get off his porch. There was a verbal confrontation, which included King threatening Elliott. Elliott told King to get off his porch again and raised his gun.

Elliott says King was aware of the gun and kept threatening him and banging on the glass storm door trying to get into the home. King started breaking the glass door and Elliott gave him a final warning before firing one shot. King died from the wound to his upper torso.

The Prosecutor's Office determined Elliott was threatened in his own home and concerned for his family's safety, Since he warned King several times the office will not be filing criminal charges.

An attorney for the Elliott family, Kevin J. Curtis, issued a statement Monday afternoon thanking the police department and prosecutor's office for their investigations. The statement also says the Elliott family expresses their condolences to the King family for their loss.

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