Sacramento, California

From the Sacramento Bee of July 27, 2006

Man arrested in shooting death won't be prosecuted

A man, initially identified as a 17-year-old, who was arrested in connection with a shooting death last weekend in Antelope will not be prosecuted, the Sacramento County District Attorney's Office reported Friday.

"This was not a prosecutable case," said Assistant Chief Deputy District Attorney John O' Mara.

Sheriff deputies arrested Dilver Portillo, 24, after Louis A. Argueta, 33, of Sacramento was shot about 7 p.m. Saturday in the Longspur Way home of his estranged wife. Argueta and his wife were in the process of divorcing.

Portillo, initially described by deputies as a 17-year-old, was dating Argueta's wife.

According to investigative reports, a fight broke out when Argueta showed up at his wife's home with his new girlfriend in tow. The divorcing couple had been arguing over who should be making payments on a Ford Expedition that was registered in both their names, O'Mara said.

At some point, Portillo obtained a 40-caliber handgun that Argueta's wife had bought for protection. He apprently shot Argueta in self-defense, O'Mara said. Argueta had made death threats and he had a "long history" of domestic violence, the prosecutor said.

At the time, there were at least five children and five adults in the Antelope home, deputies said.

The shooting occurred after someone had taken the keys out of the SUV, O'Mara said.

Deputies were called to the scene by a neighbor who reported hearing several gunshots and then hearing a woman cry out that someone had been shot.

When officers arrived Argueta was found lying on the front porch. He was pronounced dead at the scene.