TUCSON, Ariz. (13 News) – Charges have been dismissed against a Tucson man accused of shooting an unarmed man in the head with a shotgun while the victim was lying on the ground.
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On Friday, Sept. 4, the Pima County Attorney’s Office confirmed to 13 News that charges against Kendall Harris have been dismissed without prejudice.
That means prosecutors could decide to refile the charges at a later date. 13 News will continue to follow the case and update this story when new information becomes available.
The Tucson Police Department said Harris shot and killed 19-year-old Ernie Castillo near Sixth Avenue and Columbia on June 30.
Harris said he was asleep in his vehicle in the area before getting into a fight with Castillo. Harris claimed Castillo made noise that woke him up, which led to a confrontation.
Harris was arrested on a charge of second-degree murder and was being held on a $1 million bond before the murder charge was dismissed.
Witnesses said they saw Harris push Castillo and force him to the ground. They said that is when Harris put the shotgun near Castillo’s head and pulled the trigger.
According to the autopsy report, the shotgun wound went from front-to-back, left-to-right, and downward.
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Harris told investigators he was in his vehicle when he heard a noise and saw Castillo armed with a hammer and a shotgun.
Castillo allegedly pointed the shotgun at Harris and forced him to break a car window before throwing the keys to the vehicle.
Harris told police he believed Castillo was trying to reach for another firearm during the struggle, but witnesses said they did not see Castillo reach for anything, and no other firearm was found.
The investigation is ongoing, and anyone with any information is asked to call 911 or 88-CRIME.
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