FORT BEND COUNTY, Texas – A Fort Bend County man killed his brother in a fight over a damaged fence, officials said Friday.
"It's a tough situation," said Santiago Montoya, 64, after returning home from giving a statement to police. "I can't talk about it. It's being investigated."
Sheriff's investigators said his younger brother, 52-year-old Ruben Montoya, had been drinking when his pickup truck backed into his older brother's fence, bending it downward.
Santiago told Local 2 he was concerned that the bent fence would allow wild dogs to enter his property and harm his cats.
"I need to get this fence fixed before the dogs start coming in," he said.
He confronted his younger brother before 1 a.m. but the brother jumped out of the pickup, with beer cans on the seat, and attacked his older brother.
"Brother told him he was not going to fix his fence," said Lt. Glenn Norrell with the Fort Bend County Sheriff's Office. "The younger brother got out of his truck and attacked, told his brother he was not going to fix the fence tonight. The younger brother attacked the older brother, knocked him to the ground."
The older brother ran into his home to call 911, but the younger brother barged in and rushed toward him, so Santiago Montoya grabbed his pistol.
"As his brother came toward him, he shot he thinks a couple of times at his brother. The brother fell against him and then fell to the floor," said Norrell.
No charges were filed since investigators said it was a case of self-defense. The case will be referred to a Fort Bend County grand jury for a final ruling.
"The last thing he wanted to do was harm his brother, but he felt like he had to protect himself," Norrell said.