Charges will not be pressed against the shooter who gunned down another man outside Arms Apartments last September.
Grand jurors have decided not to indict Herbert Conley, 51, for the shooting death of Rofino “Junior” Soto, 28, calling the shooting a case of self-defense, just as Conley claimed that night.
The incident happened on a Friday night in September at Arms Apartments off Old Smithville Highway. When police arrived, they found the mortally wounded Soto dead from a single gunshot wound to the chest.
Police were given two dramatically different stories concerning the shooting.
Conley said he was at the complex visiting family members when he was accosted by several people in the parking lot. He maintains someone in the group, possibly Soto, pulled a knife and threatened him. He said he opened fire in self-defense since he was outnumbered.
On the other side, it is maintained Conley was the aggressor and he drew his weapon and fired during the altercation.
Grand jurors recently heard evidence collected during the investigation and chose to not indict Conley, saying they felt Conley did act in self-defense. Their decision ends, barring new evidence, any prosecution of Conley for Soto’s death.
In the meantime, prosecutors and lawmen are looking at what could be another case of self-defense for the shooting death of Justin Nunley, 32, outside Marathon Market on Beersheba Street on Saturday night. He was gunned down by David Morton, 41, outside the market, the suspect found with the smoking gun still in his hand.
Morton said he acted in self-defense. Police believe he shot Nunley at least four times after Nunley came at him with a knife. The mortally wounded victim was found on the pavement still clutching the knife. Police suspect the altercation was over a woman who worked at the store and that the men had showed up at the same time and crossed paths.
Prosecutors say they will wait until all the evidence is collected before either pressing charges or, more likely, taking the case to the grand jury for consideration just like they did in the Conley case.