Prosecutor determines Fort Smith man was justified in killing intruder

Police lights

FORT SMITH -- Sebastian County Prosecuting Attorney Dan Shue said he will not file any charges in connection with a fatal shooting in the 800 block of North 18th Street last month.

On Feb. 3, homeowner Avelino Jimenez, 58, contacted the Police Department in reference to having shot a man armed with a knife who had reportedly broken into his home.

Officers arrived and found the body of 29-year-old Jacob Webb with a gunshot wound to his abdomen.

Shue said in a letter to Police Chief Danny Baker his office has completed its review of the investigative reports surrounding the shooting, and his opinion is Jimenez was justified under Arkansas laws.

"Considering the totality of the circumstances, Avelino Jimenez had a reasonable belief that Jacob Webb had committed the offenses of Residential Burglary, Terroristic Threatening in the First Degree and Aggravated Assault, that he was actively committing the offense of Attempted Murder in the First Degree and that he was presently armed and dangerous," Shue said.

"Mr. Jimenez was in imminent danger, and was required to make a split-second decision to exercise deadly force."