Nezperce shooting ruled self-defense
Jul. 20—NEZPERCE — The shooting death in May of a 40-year-old Nezperce man has been determined to be a "tragic" case of self-defense, as described by Lewis County Sheriff Jason Davis.
Damien S. Giles was killed May 13 after entering a neighboring residence on the 600 block of Second Street in Nezperce, according to police reports. Although Giles was known to the previous owners of the home, he had no connections to the current owner and no prior communications with him.
In a prepared statement, Lewis County Prosecutor Zachary Pall said "this is clearly a case of self-defense. The homeowner was startled by an intruder into his darkened house with nearly all of the lights off. ... (The homeowner) told Giles to leave before Giles aggressed him. Not only did Giles not leave but he did aggress the homeowner. Although the homeowner had no duty to retreat under Idaho law, he did so. He called for law enforcement prior to shooting and can be heard warning Giles again before shooting."
Davis said Giles was well-known around town and generally liked. He had apparently been drinking heavily the night of the incident. Giles' blood alcohol content and other medical facts have not yet been released by the Ada County Coroner's office that performed the autopsy, Lewis County Coroner Perry Larson said.
Davis added that the homeowner's identity will not be released since no criminal charges will be filed. Idaho statute allows for a person in this circumstance to have their identity not made public for privacy reasons.
According to Pall's statement, on the night of the incident, other Nezperce residents had seen Giles passed out in his truck that was parked near the Second Street residence.
Sometime around 9:40 p.m., Pall said, Giles left his truck and entered the residence. There was no indication of forced entry and the residence was unlocked.
The homeowner reported later that he heard a noise in his house and had gone out from his bedroom to investigate, taking with him a pistol. He found Giles slumped over in a chair in his living room and told him to leave.
Giles failed to respond and the homeowner then called the Lewis County Sheriff's Office to report the intruder. At some point, Pall said, the homeowner moved to the end of the hallway toward his bedroom. Giles got up, appeared to leave and then entered the hallway.
The homeowner, who was on the phone with the Lewis County dispatch, warned Giles that " 'these are loaded with hollow point. I will shoot you if you do not get the (expletive) out of my house.' As dispatch indicated that deputies are en route, the homeowner shoots."
Pall's report said that Giles was struck four times. Law enforcement was on the scene in less than two minutes and by then the homeowner had retrieved a rifle from his bedroom and was monitoring Giles until officers entered the house. As soon as officers were in the house "the homeowner lowered his weapon and ... went to surrender position."
Pall concluded the lack of any connection between Giles and the homeowner, the darkness of the house, Giles's nonresponsiveness to demands that he leave and his movement toward the homeowner "all contributed to a reasonable belief of imminent great bodily harm. Indeed, given the presence of those warnings it was reasonable to believe that firing was necessary to save the homeowner from that danger."
"Any loss of life," Pall stated, "particularly in circumstances like this is tragic. However, that fact alone does not create any legal jeopardy. Idaho law is very clear on the right of self-defense. Based on the information available, the homeowner acted well within the bounds of what Idaho law allows."
Davis explained that the reason it has taken more than two months to report these findings is because, although law enforcement felt confident early on that this was a case of self-defense, it was necessary to investigate all possibilities thoroughly before issuing a determination.
Both Giles' family and the family of the homeowner have been advised of the outcome, Davis said.
Hedberg may be contacted at khedberg@lmtribune.com.
