The suspect in fatal shooting last Saturday in Ogden is out of custody as the Weber County Attorney’s Office decides whether it was done in self-defense.
Adalberto Farias-Diaz, 25, was killed about 4 p.m. on Oct. 21, outside of a home in the 800 block of 27th Street.
The shooting stemmed from a fight with another man, who is in his 20s, during which gunshots were exchanged, police said.
Though it initially seemed Farias-Diaz was shot in a case of self-defense, it may be days or weeks before the county attorney’s office concludes its investigation, Ogden Police Lt. Tim Scott said Friday. Especially, Scott said, if prosecutors wait for the results of Farias-Diaz’s toxicology report.
Attempts to reach Weber County Attorney Chris Allred by phone and email were unsuccessful.
The case hinges on whether Farias-Diaz was shot under criminal or justifiable circumstances. A homicide is justifiable if the person “reasonably believes” killing the other will prevent injury to themselves or another, or that it could prevent a forcible felony, according to Utah’s criminal code.
If the shooter provokes the victim or killed the victim while they were committing or attempting to commit a felony, the shooting isn’t justified.
While police aren’t releasing many details, pending the county attorney’s investigation, Scott said that both men were armed and shot at each other during the confrontation.
“That’s apparent,” he said. “There were shots exchanged.”
Police have said Farias-Diaz didn’t live at the home where the shooting took place.
Detectives have interviewed the shooting suspect, and Scott said he was cooperative. The man was released from custody after questioning. Scott said the man doesn’t have an extensive criminal history, and that police don’t believe he is a threat to the public.
Follow @PaightenHarkins