The ruling states that the occupant of the home, 29-year-old Travis Gutierrez, justifiably used deadly force when he shot 19-year-old Jose Montanez.
Police say Montanez broke windows to gain entry to the home and began damaging the inside of the house. Gutierrez confronted Montanez and asked him to leave. Montanez refused to leave and assaulted Gutierrez, but he managed to get his gun and shoot the intruder, who died later at a local hospital.
An autopsy showed Montanez had been using LSD and morphine at the time of the home invasion.
(Reporting by Woody Gottbug, KSCJ, Sioux City)