SIOUX CITY (KTIV) – The Woodbury County Attorney’s office says a fatal Sioux City home invasion shooting in April was a justifiable use of deadly force.
At 8:30 a.m. on April 9, Sioux City Police received a call of a burglary and shots fired at a home on 1321 24th St.
Sioux City Police say 19-year-old Jose Montanez, of Sioux City, entered the home of Travis Gutierrez by breaking one of the windows before Montanez began damaging the inside of the home.
Police say Montanez refused to leave the home. Montanez followed Guiterrez into the basement where Montanez hit, punched and bit Guiterrez several times.
Police say Gutierrez then retrieved a gun and shot Montanez. Montanez would die of his injuries at MercyOne Siouxland Medical Center that day.
According to the Iowa State Medical Examiners autopsy report, Montanez had been using morphine and LSD at the time of the burglary.
On Monday in a release from police, the Woodbury County Attorney’s office said after reviewing the case, it was determined the shooting was a justifiable use of deadly force.
Just half an hour before the burglary, Montanez was involved in a disturbance at 1215 25th St. Police say Montanez was breaking items in the residence, before breaking out a second-story window and jumping through the window. That is when Montanez made his way to Gutierrez’s home.