Update: No Charges In Shooting That Killed Intruder

By: John Chapman, Gary Smollen Email
By: John Chapman, Gary Smollen Email

Douglas County Attorney Don Kleine said Friday afternoon the shooting of a man who tried to force his way into an Omaha home Thursday night was justified and no charges will be filed against the homeowner who shot him.

Police were called to the residence near 16th and Drexel about 11:30 p.m. The couple who live there told officers the man, later identified as 42-year-old Raul Rivas of Omaha, was pounding on the back door and tried to force his way in when a woman answered the door. Her husband, 29-year-old David Erives, came downstairs and shot Rivas, then called 911. He died Friday morning at Creighton University Medical Center.

“The individual with the gun says I'm calling the police, please get down, I don't want to shoot you, but he comes at him and the person with the rifle fires another shot and hits him in the chest," said Kleine.

Investigators say Rivas had grabbed Erives’ wife. He first shot Rivas to wound him, but Rivas continued to be violent. Police say it appears the woman knew Rivas.

“The deceased was shot twice, once in the left knee and once in the chest,” said Kleine. “This is an ongoing investigation, but at this point in time all indications are that the shooting was justified. It was self-defense."

Kleine and the OPD Homicide Unit will wait for a number of lab tests to come back before making the final call. Those tests may also help explain why Rivas went to Erives' home and why he had a confrontation with Erives' wife. “Tried to enter through the door, grabbed her in a threatening manner,” said Kleine. “The shooter had gone upstairs to get a rifle."

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