The Laramie County District Attorney declined to prosecute a man who fatally shot his neighbor’s son, citing self-defense. The Cheyenne fatal shooting incident occurred during a domestic dispute on March 30, and the shooter acted to protect himself from an aggressive, intoxicated attacker.
CHEYENNE, WY (2-minute read) — The Laramie County District Attorney announced Monday that there will be no prosecution of a man who fatally shot his downstairs neighbor’s son in an incident deemed to be self-defense. The shooting occurred on the night of March 30 in the 1700 block of Oxford Drive, Cheyenne.
According to the DA Sylvia Hackl, the incident unfolded after the upstairs neighbor heard a woman screaming from the apartment below. Acting out of concern, he armed himself with a handgun and instructed his wife to call 911 before going downstairs.
The downstairs neighbor, 38-year-old Derrick Montoya, was involved in a heated domestic argument with his mother. The confrontation between Montoya and the upstairs neighbor escalated in the hallway outside Montoya’s mother’s apartment. Montoya initially retreated upstairs but returned shortly after.
Hackl recounted that upon Montoya’s return, he charged at the neighbor in a rapid and aggressive manner in the stairwell. Although it was unclear whether Montoya was armed, he was heavily intoxicated, adding to the perceived threat. The Cheyenne Police Department’s investigation supported this account, though further details were not disclosed immediately.
Despite the tragic outcome, Hackl emphasized that the situation was unfortunate and underscored the complexities involved. She noted the critical role of Montoya’s intoxication and the lack of cooperation from his mother, which complicated the investigation. No other injuries were reported by nearby witnesses.
Safety Tip: Always ensure that you are fully aware of your surroundings and the potential implications of using a firearm in self-defense.
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