ROANOKE COUNTY, Va. – No federal charges will be filed against the man who shot and killed another man on the Blue Ridge Parkway in April, according to Brian McGinn with the United States Attorney’s Office for the Western District of Virginia.
The independent review determined that there is insufficient evidence to establish, beyond a reasonable doubt, that the man who shot 20-year-old Hector Escoto-Munguia did so unlawfully and that he did not act in self-defense.
On April 10, the man and Escoto-Munguia, who were both driving vehicles, ended up stopped next to each other, facing opposite directions, with their windows rolled down, according to McGinn.
Because the man who killed Escoto-Munguia was not charged with a crime, 10 News has chosen to not identify him.
The man told authorities that Escoto-Munguia pointed what appeared to be a semi-automatic handgun at him and he, in return, drew his own gun, a Glock 9mm.
After yelling at Escoto-Munguia multiple times, the man fired his gun three times at Escoto-Munguia. He told authorities he feared for his life.
At 10:27 a.m., the man called 911, telling authorities that he shot another man who pointed a gun at him.
As investigators canvassed the scene, they recovered a Daisy Powerline Model 340 BB pistol at the rear of Escoto-Munguia's Hummer H3.
The BB gun was made to look like an actual handgun bearing markings strikingly similar to a Beretta 92F 9mm pistol, according to McGinn.
The investigation also disclosed that immediately before the shooting, Escoto-Munguia had at least three other encounters with witnesses not far from the location of the shooting who told authorities that a man driving a vehicle similar to that of Escoto-Munguia brandished what appeared to be a black handgun at them.
Each of the witnesses identified Mr. Escoto-Munguia from either his photograph or his vehicle, according to McGinn.
One of the witnesses also reported a license plate number on the vehicle being driven by the man brandishing the firearm, which transposed one letter of the license plate number on Escoto-Munguia’s Hummer (VZY-4100 versus VYZ-4100, respectively).
The United States Attorney’s Office for the Western District of Virginia conducted its review from the evidence gathered by the FBI, the Roanoke County Police Department and the National Park Service.