Fremont Police Are Not Charging a Man Who Allegedly Killed His Father Due to Self-Defense

By: Sylvia Ramirez - Thu, 17 Jan 2013 15:22:39 -0800

FREMONT (BCN) -- A 27-year-old man who shot and killed his father in a Fremont home  last week is not being charged after he said his father was attacking him and  his younger brother with a bat, a Fremont police spokeswoman said today.
      
The son, whose name has not been released, shot his 48-year-old  father, identified as David Weatherton, in the chest at the brothers' home in  the 39500 block of Pardee Court on Jan. 10.
      
The shooting came after the Weatherton came over to the house  around 5 p.m. that evening while the brothers were at home with two other  people, spokeswoman Geneva Bosques said.
      
Weatherton walked outside to the backyard and started yelling at  the 25-year-old son, who was confused about what his dad was yelling.
      
The son headed out to the backyard, where Weatherton was sitting  with a baseball bat that had nails in it, Bosques said.
      
The son tried to talk his father down, but Weatherton apparently  came after him and hit him with the bat, Bosques said.
      
The 27-year-old then got involved when he saw his father attacking  his younger brother and told him to stop.
      
Weatherton's attention was then diverted to the 27-year-old and he  went after him with the bat, which was when the older son shot him in the  chest once, Bosques said.
      
Police were called to the shooting and the 27-year-old left the  house with a friend before authorities arrived. The younger brother remained  at the house, Bosques said.
      
Weatherton was pronounced dead at the scene.
      
The 27-year-old then arrived at the police station two hours later  at 7:20 p.m. with the handgun used in the shooting.
      
He was cooperative with investigators and after police talked with  the Alameda County District Attorney's Office determined it was a justifiable  homicide.
      
The son was not arrested nor charged in the death, Bosques said.
      
The two sons and their father all have had prior police contact.
      
Weatherton had prior drug-related incidents but it is unknown if  drugs were a factor in his behavior before the shooting, Bosques said.
      
Authorities are waiting for results from a toxicology report.

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