SPRINGFIELD, Mo. (AP) - While holding his baby daughter, Ryan Storey killed his aggressive, drunken, threatening brother with a pocketknife in a homicide that was justifiable, authorities have ruled.
Ryan Storey, 31, of St. James will not be charged after his actions were deemed self-defense.
He stabbed Curtis Storey, 29, of Springfield in the chest at their mother's South New Avenue home on April 17, 2013, police said.
Based on facts in the case, "Curtis is clearly the initial aggressor and (Ryan) is entitled to act in self-defense," Greene County Chief Assistant Prosecuting Attorney Todd Myers wrote in a document.
According to the document, Curtis was intoxicated and attempting to fight Ryan, following him from the house as Ryan was trying to leave. He grabbed Ryan while Ryan was holding his child in a baby carrier.
"Ryan told Curtis that he did not want to fight and was trying to leave. Ryan also told Curtis that if he was assaulted, he would stab Curtis," the document said.
Curtis then allegedly hit Ryan in the face and was stabbed one time in the chest with a pocketknife. Myers wrote that the following factors made it reasonable for Ryan to think deadly force was needed:
â€¢ Curtis continued to seek an altercation even though Ryan had threatened to use deadly force and was holding his baby daughter.
â€¢ The brothers had a history of being involved in fights. "Curtis was stronger than Ryan and had a history of injuring him," the document said.
â€¢ Curtis made several comments regarding how he was going to assault Ryan.
Springfield police said they arrived after the incident and found Curtis in the backyard with a stab wound. Ryan allegedly told a sergeant that the knife he used "is on an armoire in the back." Ryan allegedly cried and said, "Oh God no, oh God please, Oh please let him be OK."
Curtis was transported to a hospital and later died. A toxicology report indicated his blood alcohol level was 0.233. Others were present at the home and were questioned by police.
According to the document, a witness told police that Curtis became verbally confrontational with his mother for giving him an eviction notice. The witness said Ryan was worried about leaving his mother alone with Curtis because of the way Curtis was talking to her.
Ryan reportedly told Curtis he wasn't leaving until Curtis stopped speaking that way to their mother, and Curtis then threatened him. The witness said Curtis punched Ryan and grabbed him around the throat, and Ryan pulled his knife out of a pants pocket during the struggle.