KALISPELL, Mont. - The family of 40-year old Daniel Fredenberg, the man shot and killed in a Kalispell neighborhood roughly a week ago, says Flathead County Attorney Ed Corrigan won't be filing charges against the shooter.
Ron Fredenbeg, Daniel's father, tells NBC Montana Ed Corrigan cited three different self-defense laws when explaining to him why there wouldn't be charges in the case.
Police responded to the Empire Estates Subdivision on the night of September 22. Officers say they found Daniel Fredenberg with multiple gunshot wounds. According to the Kalispell Police Department, a 24-year old man was detained for questioning and later released.
NBC Montana spoke with Flathead County Attorney Ed Corrigan on Wednesday morning. Corrigan said he had met with Fredenberg's family but did not comment on whether he has made a decision at this time.
Corrigan said he was in the process of preparing a memorandum explaining the laws and evidence that his decision will be based on. Corrigan went on to explain that two laws he is taking into consideration are Montana laws commonly referred to as the "Castle Doctrine" and "Stand Your Ground," both passed by Montana legislature in 2009.
Ron Fredenberg said Corrigan cited Montana codes 45-3-102, 45-3-110 and 45-3-103 when he informed him there would be no charges.
The text of those codes are available here.
Corrigan said the Kalispell Police Department forwarded their report to his office on Monday of this week. He said he plans to inform the public of his formal decision early next week. He said he will be free to answer additional questions after that
NBC Montana sat down with members of Daniel Fredenberg's family on Wednesday to discuss their reactions.
"[Daniel] wasn't a criminal," said Daniel's cousin.Tami Kampf. "He was doing nothing other than pointing his finger at him and yelling. He wasn't going to poke him to death with his finger. That's the only weapon he had.
"We miss our son. We know nothing will bring him back," said Daniel's father Ron Fredenberg.
Ron said the man who shot his son and Daniel did have at least one confrontation in the past, but Daniel was not the type of person to charge at a man with a gun.
"I said he wasn't dumb enough when he entered the garage as would anybody with any amount of intelligence, even if you're upset at the individual, you don't even have any weapon, not even a jackknife in your pocket, you don't go up to somebody standing there holding a large caliber pistol pointed at you," said Ron Fredenberg
Ron said his family has gotten information about what happened the night of Daniel's death from Daniel's wife, who was at the scene.
"The neighbors are witnesses to the fact that verify her story that he shot him once, looked over at her, she screamed bloody murder, ‘Why did you shoot him? Why did you shoot him?,'" said Ron. "He looked over at her again, turned, and shot Dan twice more. She swears up and down Dan never moved that whole time other than clutching his chest from the first shot."
Fredenberg's family says they're trying to get an appointment at the State Attorney General's office, to see if there's other ways the shooter can be prosecuted.