Prosecutors say man justified in shooting intruder

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SIOUX CITY, Ia. – Prosecutors say the fatal shooting of an intruder by a Sioux City resident was justified.

Sioux City police said Monday that charges won’t be filed against Travis Gutierrez. He shot 19-year-old Jose Montanez on April 9, after Montanez broke into Gutierrez’s home.

Police say Montanez was involved in a disturbance at his home and was cut by broken glass as he jumped out from a second-floor window. He ran through alleys and then broke into Gutierrez’s home a few minutes later.

Police say Montanez was shot after refusing to leave and attacking and injuring Gutierrez.

An autopsy report says Montanez had been using morphine and LSD at the time of the break-in.

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