Arkansas Prosecutor Will Not Charge Fort Smith Man Who Shot Knife-Wielding Invader

Avelino Jimenez, the Fort Smith, AR homeowner who shot an intruder to death in February, was deemed to have acted in self-defense, according to Sebastian County Prosecuting Attorney Daniel Shue on Friday.

Jacob Webb was fatally shot by Jimenez on Feb. 3 after he broke into Jimenez’s home armed with a knife, per KNWA.

Jimenez, who had a concealed weapon permit, reported to the police that he did not know Webb at the time of the incident. 

In a police report released Friday by Shue’s office, Jimenez stated that after Webb broke into his home, Webb attempted to attack Jiminez with a knife while making deadly threats.

Jimenez, who was armed with a pistol, wrestled with Webb, causing the knife and both men to fall to the ground where a violent struggle ensued with Webb pinning Jiminez on the floor. 

Jimenez fought to free himself from under Webb but still feared he would be killed.

According to his statement, Jiminez drew his Glock pistol and shot Webb in the chest as he started to get up from the floor. Webb fell backward and Jimenez called 911.

“Jimenez was emotional, visibly upset, and cried when relating to the police what had occurred. He stated that he was sorry that he had been forced to shoot Mr. Webb,” according to a police report.

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Once officers arrived, Webb was pronounced dead of a gunshot wound to his abdomen.

Shue said in a letter to Police Chief Danny Baker that his opinion is that Jimenez was justified in the shooting of Webb under the state law governing the use of deadly force.

“I find it objectively reasonable that Mr. Jimenez felt it necessary to employ deadly force to defend himself from a perceived imminent threat of great bodily injury or death that was presented by Mr. Webb,” Shue said.

“Probable cause to charge Mr. Jimenez with a criminal act does not exist. Mr. Jimenez was in imminent danger and was required to make a split-second decision to exercise deadly force,” he added.

Shue said he came to the decision to not prosecute Jiminez based on a review of the entire investigative file and the autopsy report. 

“Considering the totality of the circumstances, Avelino Jimenez had a reasonable belief that Jacob Webb had committed the offenses of residential burglary, terroristic threatening in the first degree and aggravated assault, that he was actively committing the offense of attempted murder in the first degree and that he was presently armed and dangerous,” Shue said.

Mr. Jimenez sustained non-life-threatening injuries during the incident.

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