San Diego, California

From the February 1, 2006 San Diego Union-Tribune:

The shooting death of 37-year-old Steve Salcido after a confrontation in November over a cigarette in the Gaslamp Quarter has been ruled justifiable homicide, San Diego police said yesterday.

The man arrested in connection with the case will be prosecuted on a charge of carrying a concealed gun without a permit, homicide Lt. Kevin Rooney said.

Brooks, 54, was released from jail within three days when the District Attorney's Office declined to file charges.

...

Salcido was alive but unconscious and in grave condition at a hospital. Detectives were never able to talk to him. He died Dec. 28, and the case became a homicide investigation.

Immediately after the shooting, witnesses told officers Salcido had approached Brooks on the street and asked for a cigarette. When Salcido was turned down, he followed Brooks, pulled out a folding knife and confronted Brooks again.

The two fought. Brooks drew a gun and Salcido was shot in the neck, police said.

Brooks was arrested on suspicion of attempted murder and assault with a gun when an officer saw him standing near the wounded man with a gun in his hand.

A knife involved in the incident was recovered nearby on the sidewalk.

Witnesses identified Brooks as the man who shot Salcido, police said. Others said Salcido had come at Brooks with a knife and there was a struggle before a shot was fired and Salcido was wounded.