Yakima County Prosecutor Joe Brusic says he's not filing criminal charges in a shooting reported at Yakima's Randall dog park in February of 2023.

BRUSIC SAYS THE FACTS ARE CLEAR THE VICTIMS WERE IN DANGER

Brusic says he made the decision after meeting with Yakima Police to review facts in the the February 5 shooting. 22-year-old Daniel Ortega was killed at the park after police say he was "acting erractially and harassing a 28-year-old man and his son." Police say the man asked Ortega to leave them alone but when he wouldn't the man fired his gun saying he was protecting himself and his young son."

Townsquare Media / John Taylor
Townsquare Media / John Taylor
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BRUSIC SAYS THE FACTS ARE CLEAR FOR SELF DEFENSE

In a press release from Brusic he says "it is my belief that the State of Washington would not be able to prove beyond a reasonable doubt the absence of self-defense in this tragic shooting."

THE MAN SHOT WAS ON DRUGS AT THE TIME OF THE INCIDENT

Brusic also says "toxicology tests revealed that Mr. Ortega had methamphetamine, fentanyl, and cannabinoids in his system at the time of the incident."
Brusic says the State is left with a "tragic sequence of events." He says after all the facts are considered the victim would be found to have used "necessary and proportional force with his subjective analysis." He adds the facts in the case show the victim was taking action to protect his life and the life of his son.

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A PRESS RELEASE FROM BRUSIC SAYS THE MAN WHO WAS SHOT WAS "OUT OF CONTROL"

Brusic writes in the press release "the witnesses all indicated that Mr. Ortega was out of control and making threats to everyone he was around. Multiple callers dialed 911 and all indicated that Ortega was erratic and screaming at people inside the fenced area of the park. I find that actions that day were objectively reasonable. Others who were facing that same scenario would reasonably take the same or similar action as he did."
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