From the Omaha World Herald of September 10, 2008
Omaha man who shot another man to death won't be charged
TeThe Omaha man who shot another man to death on Saturday will not be charged in the shooting, Douglas County Attorney Don Kleine said today, because the man's account of what happened aligns with the evidence at the scene.
Robert J. Muckey, 41, shot Domingo Gutierrez Jr., 25, of Bellevue, about 5:45 p.m. Saturday at Muckey's house, 5629 N. 29th St.
Muckey told police that Gutierrez had broken into the house through a window and threatened him.
Kleine said Muckey gave this account:
Muckey grabbed a rifle when he heard Gutierrez trying to break in. Muckey said he told him, "Don't come in, I've got a gun," and Gutierrez replied, "I've got something for you, too." Gutierrez came in, lunged at Muckey and Muckey fired.
Muckey was booked into the Douglas County Correctional Center on suspicion of criminal homicide and use of a weapon to commit a felony. After reviewing the evidence, Kleine said, he decided not to charge Muckey.
"We can't show that it wasn't justified," Kleine said. "That's part of our responsibility here."
Muckey was to be released today, Kleine said.
Kleine said Muckey told investigators, "'I was fearing for my life. He was threatening me. I warned him. He said he had something for me, and I felt I had to shoot him.' It matches up with the forensic evidence from the scene."
Muckey also told police that Gutierrez had something in his hand as he lunged at him. Investigators, Kleine said, think Gutierrez was carrying a pair of sunglasses.
Muckey's girlfriend is the mother of Gutierrez's girlfriend, and Gutierrez and the daughter have a child. Kleine said that at one point several months ago, the couples lived together in the house. Gutierrez is listed as the owner, according to Douglas County property records.xt