DA’s ruling: Shane Munoz killing in 2012 justified

Attempting to bring some closure to a 2 1/2-year-old case, Deschutes County District Attorney John Hummel announced Thursday that criminal charges won’t be filed in the June 2012 shooting death of Shane Munoz by Kevin Perry at Perry’s Awbrey Butte home.

Perry, then 37, shot and killed Munoz, 33, early on the morning of June 24th, 2012, after returning to his Awbrey Butte home with his girlfriend, Amanda Weinman, of Eugene. They said they had returned to find an intruder had kicked in the door and was asleep on the couch. A fight ensued, and Perry said he shot the stranger in self-defense.

Munoz’s father, Ed Munoz, told NewsChannel 21 Wednesday he would not attend the news conference and intends to file a civil lawsuit.

Hummel’s predecessor, Patrick Flaherty, had asked Bend PD in April 2013 to re-examine the case, though no charges were ever filed or conclusion to the case previously announced.

“Shane was much loved in Central Oregon,” Hummel said, calling the incident a tragedy. “I grieve with them. I understand their loss, and it’s heart-wrenching.”

But he said the evidence gathered by police and the DA’s office support’s Perry’s and Weinman’s description of what took place that night, indicating the fatal shooting was justified

Hummel said it was “obviously foolish” for Perry and Weinman to enter the home after finding the front door kicked in — but it was not illegal to do so.

The DA said all three of those involved were found to have high alcohol levels, while Perry’s toxicology reports indicated the presence of Oxycodone, valium and muscle relaxant. But no drugs were found in Munoz’s system.

Hummel said it was true Munoz was shot in the back, as his father had said, but added that Perry did so while Munoz was fighting with Weinman.

“There was a bite mark on Amanda Weinman’s body above her breast and some minor bruising. And Shane Munoz also had bruising and contusions throughout his body,” Hummel said.

Bend Police Chief Jim Porter said the evidence confirms what Weinman and Perry reported.

“It was obvious for officers there, that the living room where this took place was extremely disrupted,” Porter said, adding that Bend PD spent over 500 hours on the investigation.

Hummel also showed emotion as he read his prepared remarks, which he shared with NewsChannel 21 and are provided in full below.

He said he had an “emotional meeting” Wednesday with Ed Munoz, and after the news conference, Hummel spoke at length with Munoz’s mother.

Asked why it took so long to reach a final decision, Hummel said he could not speak for his predecessor, but that it took him five weeks after taking office to review all the evidence and make a decision not to file charges. However, he added that if any new information came to light, he would be willing to review it, but for now the investigation is concluded.

The DA also spoke to the “financially well-off” nature of Perry’s family, and related claims that Perry would not be charged as a result, Hummel said, “I can assure you that Kevin Perry and Shane Munoz received equal and fair treatment from the DA’s office and the Bend Police Department.”

He also said police “thoroughly investigated” the numerous other theories of what took place, but “they did not check out.”

“We may never know why Shane Munoz ended up at Kevin Perry’s house,” he said. “We do know there was no evidence that Shane entered the house to commit a burglary. But as of now, the only person we know who knows why Shane entered the house is Shane.”

Here are John Hummel’s remarks, in full:

For almost three years, our community has been asking: What happened to Shane Munoz? For the last month I’ve reviewed the evidence, conferred with my staff and today am ready to announce my charging decision. But before I do, it’s important that you know a few things:
Shane Munoz was much loved in central Oregon. I remember, about a year ago I was walking down the street and a woman yelled my name from her house. She then bolted out her front door, ran up to me, and told me what a great person Shane was and what he meant to her.
The feelings expressed by that women were shared with me by many others. Shane touched people and his passing reverberated throughout Bend.
A few months ago Shane’s father, Ed Munoz, passed me in the street on his motorcycle, then spun the bike around to talk with me. We ended up meeting for coffee.
During our meeting I was impressed by the deep and intense love and respect Ed has for his son. Ed believes in his heart his son was murdered and he is committed to leaving no stone unturned until he proves it. No son could hope for a better father.
I’ve also heard from supporters of Kevin Perry, the person who shot Shane. They shared with me the stress Kevin and his family are under as this investigation drags on with no resolution. They also shared with me their belief that the shooting, while tragic, was justified.
And there is something else happening in the background of this case:
Shane and his family are longtime residents of central Oregon and are proud, blue-collar working folks.
Kevin Perry is fortunate to be a member of a family that is financially well-off, having earned their money in the tech industry.
There are many fabulous attributes of our community, but, unfortunately, working-class wages is not one of them. As long-time, blue-collar residents increasingly feel financially squeezed, they sometimes lash out at newcomers with money.
People have told me they believe there are two sets of rules in this town: the rules for the rich and the rules for the rest of us. People have told me that Kevin Perry will probably walk because his father is rich and will buy his way out of it. People tell me that if a poor person shot Shane that person would have been charged with murder on the spot.
While I empathize with those who are struggling financially, and I urge our community to come together to address our low wage problem, that issue has no place in my review of this case. Financially well off suspects don’t deserve special treatment by law enforcement, but they also don’t deserve worse treatment.
They, like all suspects and victims, deserve equal and fair treatment under that law. I can assure you that Kevin Perry and Shane Munoz received equal and fair treatment from the DA’s office and the Bend Police Department.
Yesterday I called Kevin Perry and Amanda Weinman’s attorneys to inform them of my charging decision. And I had an emotional meeting with Ed Munoz.
Here’s what I told them:
On the evening of June 23, 2012 Shane Munoz was in downtown Bend with a friend, and he ended up visiting a few bars.
On that same evening, Kevin Perry and his then girlfriend Amanda Weinman went to a restaurant in Bend for dinner, then also visited a few downtown bars. All three ended up extremely intoxicated. 8 hours after the incident in question, Kevin Perry’s blood alcohol level was .058. Also in his system were oxycodone, THC, valium, muscle relaxants, Benadryl and anti-depressants.
6 hours after the shooting, Amanda Weinman had a blood alcohol level of .121. Also in her system were valium, anti-depressants and a muscle relaxant.
Shane Munoz’s blood alcohol level was .19
Somehow, around midnight, Shane Munoz ended up in Kevin Perry’s house on Awbrey Road in Bend. While in that house, he was shot to death by Kevin Perry.
Kevin Perry and Amanda Weinman’s version of what happened is supported by the evidence. They tell us that that they did not know Shane Munoz, they were not with him when they were out that night, they took a cab to Perry’s house from downtown Bend after their night out, and when they arrived at the house, they saw the front door was smashed in.
They tell us they went into the house and saw Shane Munoz sleeping on a couch in the living room. They say Kevin woke Shane and Shane started fighting. They say Amanda jumped in to help Kevin and Kevin was then able to grab a gun and shoot Shane.
Kevin Perry then called 911, and police and medical personnel quickly arrived. Shane Munoz was produced dead at the scene.
When law enforcement investigates homicides, an inherent difficulty is that they often receive only one version of the event in question because the person who died took their version with them. That’s why it’s critically important in these cases for law enforcement to not rely on what they are told, and instead, to recreate the minutes, hours and days before the event.
The Bend Police Department did just that. Chief Porter will provide more details about the investigation, but before he does, I want to address something that has been circulating through our community.
Many people theorize that Shane was involved romantically with Amanda, and Kevin shot Shane out of jealousy. Others suspect that Kevin and Amanda met Shane in a bar in Bend and invited him to Kevin’s house where a dispute occurred, Kevin murdered Shane, and then Kevin and Amanda smashed in the door to concoct the story that Shane broke in.
Bend police thoroughly investigated these and many other theories, yet they did not check out. Video surveillance cameras in bars, and other businesses; interviews with customers and staff of bars and restaurants; reviews of cell phone records; and an interview with the taxi driver who drove Kevin and Amanda home, establish that they did not encounter Shane until they arrived at Kevin’s house. And two neighbors were eye witnesses to the kicking in of Kevin Perry’s door. The timing of this, and what they described seeing, were consistent with Kevin and Amanda’s story.
We may never know why Shane Munoz ended up at Kevin Perry’s house. We do know there was no evidence that Shane entered the house to commit a burglary. But, as of now, the only person we know, who knows why Shane entered the house, is Shane.
While we don’t know why Shane entered the house, I’m confident that, based on the evidence I reviewed, a crime did not occur. Consequently, I am not filing charges against Kevin Perry and Amanda Weinman.
Thank you to the Bend Police Department for a top-notch investigation. And once again I extend my sympathies to the Munoz family for their loss. I’ll now hand it over to Chief Porter.