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Sonoma County District Attorney
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District Attorney - County of SonomaSTEPHAN R. PASSALACQUA
SONOMA COUNTY DISTRICT ATTORNEY


600 ADMINISTRATION DRIVE, RM 212-J  
SANTA ROSA, CA 95403 (707) 565-2311

Press Release
FOR IMMEDIATE RELEASE
Date: April 5, 2007

Contact person(s): Media Coordinator, Donna Edwards - 565-3099
Media Spokesperson, Assistant District Attorney Christine Cook

Santa Rosa, Sonoma County, California

DA CONCLUDES CLOVERDALE HOMEOWNER
ACTED IN SELF-DEFENSE

District Attorney Stephan Passalacqua announced that after reviewing the crime reports, his office has concluded that Cloverdale resident Gerry Steckmyer was legally justified when he killed intruder German Acevedo Rodriguez.

District Attorney Passalacqua said, "This was an extremely tragic experience for the homeowners and everyone involved. Because the homeowner acted legally in self defense, criminal charges are not appropriate."

On December 17, 2006, Gerry and Carla Steckmyer were awakened just before 3 a.m. by Rodriguez jumping on their car. Mr. Steckmyer opened the door and told Rodriguez to stop jumping on the car. Rodriguez stopped jumping on the car, but began walking towards the house. Carla Steckmyer called 911, while Gerry Steckmyer shut and locked the door. Mr. Steckmyer held the door shut. Rodriguez continued to pound on the door trying to get into the residence. Mr. and Mrs. Steckmyer can be heard repeatedly on the 911 call yelling at Rodriguez to leave and telling him, "The police are coming! Get out of here!"

Despite these warnings, Mr. Rodriguez picked up a full 5 gallon water bottle that was outside the residence and used it to break the home’s large front window. He then entered the home wielding a broken part of the bottle. Mr. Steckmyer retreated into his bedroom looking for his gun while Mrs. Steckmyer yelled frantically to Mr. Rodriguez, "We have a gun! Get out! Get out! Get out!" Rodriguez kept walking toward the Steckmyers, who were in the master bedroom. Mr. Steckmyer was by then able to retrieve a handgun and fired four shots at Rodriguez, stopping him just outside their bedroom. Rodriguez died at the scene. The cause of death was determined to be multiple gunshot wounds and his blood alcohol level .21%.

A person lawfully kills an intruder if he reasonably believes that 1) he is defending himself or another in his home against someone trying to commit a forcible and atrocious crime such as murder, rape, or robbery; 2) the danger is imminent; 3) the use of deadly force is necessary; and 4) he uses no more force than is reasonably necessary to defend against the danger.

District Attorney Passalacqua concluded that Mr. Steckmyer acted reasonably under the circumstances known to him at the time and that a reasonable person in a similar situation with similar knowledge would have believed the amount of force used was necessary.

Deputy District Attorney Robert LaForge, with the assistance of District Attorney Investigators Ken Pistorio and David Boffi and Victim Witness Advocates Eric Hergenreder Miriam Gaon, handled the matter. The Sonoma County Sheriff’s Department conducted the initial investigation.