North Side, Arizona

From the Tucson Citizen of May 26, 2007

March 3 slaying ruled justifiable homicide

The County Attorney's Office has deemed the March 3 fatal shooting of a 21-year-old-man by a near North Side resident justifiable and no charges will be sought in the case, authorities said.

Killed was Charles Alvin Eisner, police said. Sgt. Decio Hopffer, a Tucson police spokesman would not name the man who shot Eisner because the shooter has not been charged with a crime.

Eisner was shot before dawn after the occupant of a home near East Fort Lowell Road and North First Avenue heard noises in the carport, went to investigate and spotted a stranger in the carport, said Rick Unklesbay, chief trial counsel for the County Attorney's Office.

Unklesbay said the resident went back into the house to put on clothing and when he turned around he found the stranger had rushed into the darkened home and the resident shot the intruder.

A review of the police investigation lead to a determination the shooting was a justifiable homicide and the decision was made this month not to seek charges, Unklesbay said. The shooting was immediately reported to police by the resident, Unklesbay said.