Charges have been dismissed against a Gering man who was charged in the November shooting of his son.
Last week in Scotts Bluff County District Court, prosecutors dismissed charges of 1st Degree Assault and Use of a Firearm to Commit a Felony against 67-year-old Eldon Anthony.
Court documents say on the evening November 11th, Anthony and his son had gotten into a verbal altercation. Things reportedly escalated and the son charged towards Anthony. Anthony told authorities he feared for his life, pulled a handgun from a desk and fired it at his son.
Scotts Bluff County Attorney Dave Eubanks told KNEB News that during interviews, the victim stated he was refusing to cooperate with the investigation and prosecution of the case.
The son stated that his opinion was that the defendant acted in self defense.
“Self defense is an affirmative defense,” says Eubanks. “The defendant is authorized to use force against another when the actor believes that such force is immediate necessary for the purpose of protecting himself against the unlawful use of force by another.”
Eubanks continued that there were two witnesses to this incident; the defendant and the victim. With both claiming it was an incident of self defense, the case couldn’t be successfully prosecuted.
Defense Attorney Maren Chaloupka told KNEB News that she appreciates Eubanks, “careful review of the evidence in this complex case.”
The case was dismissed with prejudice- meaning charges cannot be refiled. The son has been released from Regional West and is recovering from his injuries from the shooting.
