A December shooting that left one man dead in the driveway of a suburban Philadelphia home and sent another man to the hospital was justified, according to Montgomery County District Attorney Risa Vetri Ferman.
On Friday the District Attorney's office said that Angel Gonzalez was justified when he shot and killed 19 -year-old Zachary Levin and wounded his stepfather Josh Levin in Upper Frederick Township.
Troopers in Montgomery County were called to a home on the 1700 block of Snyder Road around 8:15 p.m. on Dec. 17, where they found 19-year-old Zachary of Barto dead in the driveway. Josh Levin, 34, was wounded in the arm.
District Attorney Risa Vetri Ferman and police say the resident fired after the two men attacked him with baseball bats outside his home. They are investigating whether the shooting was a justifiable homicide.
Authorities say, Josh’s estranged wife Roxann Levin called him after she and Gonzalez argued. Josh and his wife’s son Zachary showed up with baseball bats, according to the D.A.
The resident tried to retreat and warned the both victims that he was armed but ultimately fired after the two men allegedly continued their assault, officials said.
After the shooting Gonzalez told investigators he shot the Levins, according to the D.A.:
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"Based upon a thorough review of all the available evidence, we conclude that Angel Gonzalez acted reasonably and with proper justification in his use of deadly force on Saturday, Dec. 17, 2011," according to D.A.'s office press release. "This District Attorney’s Office will take no further action in this matter."
