Slim chance of charges in fatal Oxford Drive shooting, Laramie County DA says
Apr. 15—CHEYENNE — According to Laramie County District Attorney Sylvia Hackl, the man who shot and killed his neighbor last month likely will not face criminal charges, for reasons of self-defense.
The shooting took place in the 1500 block of Oxford Drive on March 30.
The suspect, who has been unidentified by law enforcement officials, was "detained" by police last month after he reportedly intervened in a domestic dispute between his downstairs neighbors. He allegedly then shot at a male, killing him. The suspect in the matter was contacted by the police, but was never arrested.
So far, the identity of the deceased also has not been released. Laramie County Coroner Rebecca Reid didn't respond to a request for comment by the Wyoming Tribune Eagle last week.
Although she said that charges in the matter are unlikely, Hackl did tell the WTE that she is awaiting toxicology reports on the decedent, which she says can take an "abysmally long time."
"We are interested to know what, if any, substances the deceased may have had in his system at the time of the altercation," Hackl said Monday afternoon. "I'm still leaning toward (the position that) there will not be any charges because it does appear that the shooter fired in self-defense."
Self-defense, legally, should be handled on a case-by-case basis, Hackl added. One district attorney's opinion on whether an individual was acting in self-defense can differ from another. Ultimately, these decisions are discretionary ones to be made by the DA and their respective staff, she said.
"There are, obviously, nuances in every case, and there was at least one case that my predecessor chose not to file because she felt it was a self-defense case," Hackl said.
"When the police asked me to look at it again, I did not agree with her. In fact, we got a conviction out of that case.
"There's gray areas. But, this one doesn't appear to be terribly gray. I just want one more piece of information (toxicology reports) before I make that decision final and public."
According to Justia Law, a website that provides free access to legal information, the Wyoming statute surrounding self-defense stipulates that someone acting in self-defense should act with "an honest belief that the danger exists, whether the danger is real or apparent." While there are several situations that the law outlines would lead someone to having "a reasonable fear of imminent peril or death," an important factor in the law is that the intervention is on the behalf of "himself or another." In certain instances, this could mean a person is acting legally within the scope of self-defense — making their actions legally defensible — while defending another person.
Although details on the specifics of the Oxford Drive shooting have not been released, intervention on someone else's behalf could be a reason for charges not being filed in this matter.
"It does appear that the shooter fired in self-defense," Hackl said. "Not only in defense of himself, but there was another victim in the matter."
Hackl clarified what self-defense means in a legal context. Self-defense can be invoked as a reason for harming someone during a criminal trial, but it could also be a reason — if the matter seems simple enough — for someone to not be charged at all.
"It depends," Hackl said of the applications of self-defense. "It can be ... that a prosecutor will look at the situation and say, 'You are acting in self-defense. I'm not going to charge you.' ... Self-defense can be raised as a defense, if a person is charged. Certainly, I've been through many homicide trials where the defendant says, 'Hey, I acted in self defense. I was in fear of my life. He came after me, that's when I pulled the gun.'"
Samir Knox is the Wyoming Tribune Eagle's criminal justice and public safety reporter. He can be reached by email at sknox@wyomingnews.com or by phone at 307-633-3152. Follow him on X at @bySamirKnox.
