BAKERSFIELD, Calif. (KGET) — Charges brought against two men in the May shooting death of a man in Oildale were dismissed Tuesday at their preliminary hearing after it was determined they acted in self-defense.
A Kern County judge found insufficient evidence to proceed with second-degree murder charges against Omar Perez-Rodriguez and Fabian Huerta, attorneys said.
“I am very pleased that the judge recognized that this was a clear case of lawful self-defense,” Deputy Public Defender Mark Stamper, Huerta’s attorney, said in an email.
“Perez-Rodriguez used deadly force only once it was absolutely necessary to protect himself and my client from death or great bodily injury.”
Defense attorney Tony Lidgett, representing Perez-Rodriguez, agreed the judge made the right decision.
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District Attorney’s Office spokeswoman Daniela Gonzaga said an investigation is ongoing and they’ll decide what to do with the case once it’s completed.
Perez-Rodriguez, 20, and Huerta, 18, were arrested in the death of 25-year-old Brian Ray Smith, found shot on Lincoln Avenue near Oildale Drive. He was pronounced dead at the scene.
The May 20 altercation, caught on video, occurred after Smith and another person arrived in a white pickup outside a smoke shop and casino, according to sheriff’s reports.
The evidence showed Smith grabbed Huerta’s neck and stabbed him several times before Huerta got away, Stamper said. Smith then charged at Perez-Rodriguez while swinging the knife as Perez-Rodriguez backed away, he said.
Perez-Rodriguez fired a shot but didn’t hit Smith, who continued to advance, Stamper said.
“Perez-Rodriguez then fired a second shot that stopped the attack, and both defendants were able to escape to safety,” he said.
