A man who killed his landlord when he mistook him for an intruder will not be prosecuted because he acted in self-defense, it was revealed on Tuesday.
The tenant fatally stabbed Justin Valdivia, 46, with a sword when the landlord came into the home while dressed as horror villain Michael Myers from the movie “Halloween,” according to Portland’s district attorney’s office.
A memo from the Multnomah County District Attorney and obtained by Willamette Week indicate the fatal stabbing was in self-defense, noting Valdivia had a hammer and a gun — that was later determined to be a pellet gun — on him during the confrontation.
The landlord lived in one house on his property while renting out the second house to several people, including at one time, the ex-renter turned guest, the memo reportedly explained.
But Valdivia is accused of threatening his tenants with a knife, according to police reports cited by the Willamette Week, and tried to break into the house predawn one morning while drunk.
The former renter filmed the wild incidents and thought Valdivia wanted to swipe his phone and the videos on it, prosecutors reportedly said.
While one renter fled the rental property for his safety, the ex-renter stuck around and kept a sword wedged in the couch and put together a makeshift alarm – a painting against a back door and shoebox – that would fall over and create noise if the door was opened, according to the Willamette Week.
The ex-renter heard the shoebox crash around 1 a.m. on Sept. 15 and saw Valdivia dressed in Michael Myers’ iconic mask and a “blue Dickie’s jumpsuit” armed with a hammer and handgun, according to the news outlet.
With nowhere to go a struggle ensued, the ex-renter stabbed Valdivia with a “saberlike” sword and grabbed his gun, and threw it away while Valdivia fell to the floor unresponsive, Willamette Week reported.
The weapon near his body recovered was a pellet gun painted in black to “resemble a real firearm,” the report states.
The memo reportedly states Valdivia was committing burglary while “wielding what appears to be two dangerous and deadly weapons.”
Multnomah County District Attorney did not immediately respond to a request for comment.