Charges against the 30-year-old man who police say shot and killed an unarmed 19-year-old who was lying on the ground have been dismissed without prejudice.
The shooting happened about 11:15 p.m. on June 29, when Tucson police say Ernie Castillo was found shot near South Sixth Avenue and West Columbia Street.
Castillo was pronounced dead at the scene.
Nearby witnesses told police they heard a single gunshot and saw Castillo fighting with a man later identified as Kendall Harris.
As Castillo tried to walk away from the confrontation, witnesses told police, Harris followed him and forced Castillo to the ground, an interim complaint filed with Pima County Justice Court says.
At that point, Castillo was not attempting to fight, witnesses told police. Harris then shot him in the head with a shotgun.
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Afterward, Harris told a nearby person to call 911 and also made his own call, the complaint says.
Harris told responding police he had been asleep in his car when he was awoken by Castillo making a noise. He said he then confronted Castillo, who he claimed was holding a shotgun and a hammer, the complaint says.
Harris said he then got back in his car. Moments later, Castillo came over to him, threatened to shoot his car and fired a warning shot at the ground, Harris' statement continues.
Harris said he was in fear for his life and fought with Castillo for control of the shotgun, during which he pushed Castillo to the ground, the complaint says.
While Castillo was on the ground, Harris shot him because he believed Castillo was reaching for another weapon, Harris' statement continues.
Witnesses told police they did not see Castillo reaching for anything before being shot by Harris. Police also did not find any other weapons in Castillo's possession, the complaint says.
Because the charges were dismissed without prejudice, prosecutors have the chance to refile, the Pima County Attorney's Office said in a statement to the Star. The PCAO did not elaborate on whether they plan to refile.
