No charges for fatal shooting

COEUR d’ALENE — A Priest River man who fatally shot a suspected car burglar outside a shopping center last month will face no criminal charges.

Kootenai County Prosecuting Attorney Stanley Mortensen announced Wednesday that James Dean, 74, committed no crime when he shot 30-year-old Sandpoint resident Shane R. Brown in a parking lot outside retail stores on West Canfield Avenue. Mortensen said witness statements and two cell phone videos supported that conclusion.

Coeur d’Alene police said Dean and his wife were approaching their truck parked near Ross and Michaels around 3:30 p.m. April 7 when they saw Brown inside their vehicle.

Brown reportedly got into his own car, after which Dean stood in front of the car, yelled for Brown to stay where he was and told his wife to call the police.

When Brown started the engine, prosecutors said, Dean told him to turn the car off, then drew his handgun when Brown “reached as though he was going to put the vehicle in gear.” Dean reportedly holstered the gun after Brown complied, then drew it again when Brown restarted the engine.

Brown drove toward Dean at a high speed, according to the prosecutor’s office, which forced Dean backward.

Dean shot five times through the windshield, hitting Brown multiple times. Brown died at the scene from his injuries.

In Idaho, homicide is justifiable when committed by a person who is “resisting any attempt to murder any person, or commit a felony or to do some great bodily injury upon any person.”

For that reason, Mortesen said, “the killing of Brown was lawful.”