County Attorney: Thursday Night Fatal Shooting Justified - FOX 42: Omaha News, Sports and Weather; kptm.com |

County Attorney: Thursday Night Fatal Shooting Justified

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Raul Rivas Raul Rivas

Meghan McRoberts

OMAHA (KPTM) - Police have identified the man shot Thursday night in South Omaha. Police say 43-year-old Raul Rivas was shot after trying to force his way into a house.

Police said they were called to 16th and Drexel late Thursday night to investigate a shooting. They said the homeowner, 29- Year-Old David Erives, said he shot Rivas, who was trying to break in the home.

Police thought Rivas would survive, but he ended up dying at the hospital.

Douglas County Attorney Don Kleine said Friday afternoon the shooting was justified. Kleine says Rivas tried to force his way through a back door at about 11:30pm, and grabbed the man's wife.

" [Erives} said 'I was in fear for my life, I was worried about my spouse. I had warned this person several times and he didn't abide by my warnings. The first time I shot him I was trying to neutralize him, obviously that didn't have an impact because he kept coming and kept wanting to fight," described Kleine.

When Rivas did not comply, Kleine says Erives shot Rivas in the leg. When he still did not leave, Erives shot Rivas in the chest.

Neighbors say they think Erives did the right thing. "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," said neighbor Shannon Magee.

Erives does not face charges for now, as police say he acted in self-defense.

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