Months after deadly scuffle, question lingers: Was justice served?
By Bethany Barnes, Las Vegas Sun | |
McClatchy-Tribune Information Services |
Just ask those close to Donald "JJ" Harris.
"That building was his entire life," Perceval said.
Around
A fight ensued.
A suspect was arrested on one count of second-degree murder. Then, the suspect was released while the
Months later, a decision comes down
Five months after the incident, in December, the Coroner's Office ruled
The cause, the coroner said, was positional asphyxia. In other words, during the struggle
But just because a medical examiner determines someone died at the hands of another human being doesn't mean the death is a crime.
In January, the
But requests by multiple
Upon hearing the coroner determined the cause of death but prosecutors decided against filing charges, those close to
A police investigation concluded the suspect, 28-year-old
Unprovoked,
Once
Valbracht's statements to police about what happened corresponded with evidence at the scene, said Sgt.
Since Valbracht's statements matched the evidence, it was likely Valbracht was telling the truth about
For Perceval, who'd watched
A factor in the case was that
Perceval said that when she'd worked at the complex, persuading
D.A.'s Office: Not a close call
Determining not to press charges in the case wasn't a close call, Lalli said.
So why did it take six months for the D.A.'s Office to decide?
To fully investigate
These tests can take a long time because there are a limited number of neuropathologists who do specialty work in forensics and an even smaller number willing to testify in court.
The D.A.'s Office waited, Lalli said, because it is important in a potential murder case to have all the essential facts before making a decision.
With an unprovoked attack, a cooperative suspect who immediately comes to the aid of the deceased and security footage that matches the suspect's statements, there just isn't a case to be made, according to authorities.
"When you factor all of those things in, there is just no way that a jury would convict here," Lalli said, "and there is just no way we as prosecutors would bring charges under these circumstances."
Prosecutors must prove the absence of self-defense, which is a high burden that would be difficult to overcome in this case, Lalli said.
"The danger was so urgent and pressing that, in order to save the person's own life, or to prevent the person from receiving great bodily harm, the killing of the other was absolutely necessary" and "the person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given."
If new evidence were to arise, Lalli said, prosecutors always could revisit the case.
Valbracht's father,
The decision not to press charges against
"They are not serving justice by letting him off scot-free like that," Perceval said, saying authorities should have punished
Sanford, though, said there would have needed to be documentation that the suspect had been warned about not being on the property for a trespassing charge to be filed.
"It's scary to know that (
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