A Cass County, Neb., man will not be prosecuted for fatally shooting his father.
Omaha.com reported that Cass County Attorney Nathan Cox ruled that 36-year-old David Bouzek acted in self-defense when he killed his 61-year-old father on June 16.
Cox says evidence showed that Gary Bouzek was armed with a hammer when he came at his son and that David Bouzek had no choice but to pull the trigger.
Gary Bouzek died of a single bullet to the head fired from David Bouzek’s .22-caliber rifle, Cox said.
In 1987, Gary Bouzek faced prison time for fatally stabbing a 25-year-old man in Omaha.
According to Guns.com, Cox says the elder Bouzek was estranged from his son for 27 years, but after the end of his parole and before the deadly shooting, Gary Bouzek began communicating with him again.
Following the release of Gary Bouzek from prison, he was invited to his son’s home in Murdock, Neb., Cox says. A dispute began between the two as David Bouzek was driving to his home with his father. That’s when David Bouzek told his dad to get out. On June 16, Gary Bouzek was hammering outside the home of the younger Bouzek, who told his father to stop. David Bouzek, armed with a rifle, shot his father when he came at him, Cox said.
According to Nebraska Radio Network, David Bouzek had borrowed the rifle from his neighbor because he was scared of his father.
Toxicology tests showed that there was alcohol in Gary Bouzek's system and that he had not been taking his prescription medication that prevents erratic behavior, Cox said.
Investigators have not been able to determine how Gary Bouzek traveled to Murdock from Lincoln, Cox said.