Marshall: Killing was justifiable homicide

SANDPOINT — A Sandpoint man who killed another man that shot him with a pistol during an altercation has been cleared of wrongdoing, according to Bonner County Prosecutor Louis Marshall.

Alberto Tuinzing was fatally injured by Anthony Noell Viola during an altercation at Viola’s home on Feb. 6. Few details emerged following the clash, although Sandpoint Police said Viola suffered a gunshot wound to his left bicep.

Tuinzing, a Spokane Valley, Wash., resident, was pronounced dead at Bonner General Hospital.

Marshall released a memo Friday outlining the incident and stating that criminal charges are not being sought against Viola.

The memo indicates that Viola is Tuinzing’s son-in-law and they were meeting face-to-face for the first time at Viola’s Sixth Avenue home. Tuinzing was accompanied by his wife, Rebekah Gonzales, the mother of Viola’s wife.

Marshall said witness accounts and investigation revealed that Anthony Viola and his wife, Amy, were not supportive of the Tuinzings’ marriage.

“There is evidence that there was some tension through some previous text messages and/or phone calls,” Marshall said in the memo.

However, there was no outward hostility between the two couples when they met on Feb. 6. Marshall said Anthony Viola and Tuinzing were drinking, but did not consume a great deal of alcohol and there is no evidence that intoxication factored into the incident.

Amy Viola and her mother were in the kitchen while Anthony Viola and Tuinzing played a game of darts in the garage.

Marshall said Tuinzing struck Anthony Viola in the head with the butt of the pistol. Viola recovered from the blow, armed himself with a pair of scissors and stabbed Tuinzing several times.

Anthony Viola, the memo said, gained the upper hand during the struggle by grabbing Tuinzing by the neck and taking him to the floor, where he proceeded to strike the man’s head on the concrete floor several times.

At some point during the confrontation, Anthony Viola is shot in the arm. The bullet’s trajectory, in addition to soot and gunpowder residue found around and inside the gunshot wound, indicated that the round it was at close or direct contact.

“This corroborates the theory that the two men engaged in a scuffle when the shot happened,” Marshall said.

The weapon, a semiautomatic, was found in Tuinzing’s hand and there was evidence that the gun’s action jammed after the shot was fired.

“This also corroborates the theory that the two me were in close contact with each other and physically fighting, which prevented the gun from ejecting the used cartridge out and loading a live round into the chamber,” Marshall said.

Marshall said Idaho law is clear that a person is justified in committing homicide while they are defending themselves from attack which could cause death or great bodily harm.

“Mr. Viola’s actions in taking Mr. Tuinzing to the floor, grabbing him by the throat and slamming his head on the floor, even if he did so numerous times, were justified and reasonable,” Marshall said in the memo.

Anthony Viola’s statements to police were further corroborated by Tuinzing’s autopsy, which showed that he died of hemorrhaging in the brain caused by blunt-force trauma to the back of the head. There was also clear evidence on the body that Viola had strangled his aggressor.

“Absent any new evidence, I consider this matter to be closed,” Marshall said in conclusion.

Anthony Viola, 35, declined to comment on the matter on Friday.