BEND, OR --  Two and a half years after a Bend man was killed after he was discovered inside a stranger’s home, Deschutes County District Attorney John Hummel says there was no crime. At a Thursday morning press conference, Hummel said Kevin Perry and his then girlfriend returned from a night of drinking in June 2012 and found the front door smashed in.  They found Shane Munoz asleep on the couch and a struggle ensued, during which time Perry shot and killed Munoz.  "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’m not filing charges against Kevin Perry and Amanda Weinman."  

Hummel was not able to explain why it took so long to make a formal decision on not charging Perry.  "A week after I took office, I started reviewing this case, and it took me about 5 weeks to work my way through the evidence. And, after doing so, I was comfortable making this decision. But, you’ll have to ask my predecessor why he did not make a decision."

Members of Munoz’s family was at the press conference, and expressed disappointment with the D.A’s decision.  Munoz's mother spoke exclusively with KBND News.  Kathy Gilliam says she was hoping the investigation would clear her son's name.  "I want people to know the kind of person he really was.  He was not that kind of person to fight with people. All I know is my son is dead.  And we are shocked."  She told KBND, "He was not a physical type person, at all.  I tried to talk him into going into the service when he was younger, and he told me ‘I could never kill anybody, Mother. I could never be a murder.’ That’s the kind of person he was."  

Gilliam says she still doesn’t understand why Perry won’t be charged, given how intoxicated he was at the time of the shooting.  D.A. Hummel revealed that 8 hours after Perry shot Munoz, his blood alcohol level was nearly .06 and several drugs were found in his system. Six hours after the shooting, Weinman’s blood alcohol was .121; she also had several drugs in her system.  At the time of his death, Munoz had a blood alcohol level of .19.

Bend Police Chief Jim Porter said Thursday the department dedicated 13 detectives to the investigation, who conducted approximately 500 hours of interviews with 56 people.  Both Chief Porter and D.A. Hummel expressed confidence that the story relayed by Weinman and Perry was the truth.