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KELSEYVILLE, Calif. – The case against a Kelseyville man arrested last month after shooting a man who came onto his property has been dropped, according to the county's chief deputy district attorney.
Nickolas Leone, 48, was arrested on July 10 for felony discharging a firearm in a negligent manner for shooting John Allen Kniss, 32, of Kelseyville, as Lake County News has reported.
Leone later was investigated for an additional count of felony assault with a firearm, according to Chief Deputy District Attorney Richard Hinchcliff.
The sheriff's office reported that the confrontation allegedly resulted after Kniss – who had been making threats over a woman Leone was seeing who previously had dated Kniss – drove onto Leone's property at a high rate of speed and tried to force his way through a gate.
Leone got his shotgun, told Kniss to leave and fired a warning shot, which Kniss ignored. He then shot Kniss in the arm and shoulder at a distance of 80 to 100 feet before Kniss fled the property, according to the original report.
Kniss was picked up about a week later on a misdemeanor bench warrant for battery on a spouse, false imprisonment and vandalism. At that time he still had several pellet wounds in the left arm, shoulder and chest from the incident, and admitted to authorities that the incident had occurred, officials said.
However, after reviewing the case, Hinchcliff decided that he would not formally charge Leone in the case.
He said Thursday that the evidence showed that Kniss had made threats earlier in the day. “There was a prior history of violent or potentially violent conduct” between Kniss and his ex-girlfriend, who had more recently been dating Leone.
Ultimately, Hinchcliff decided he would not be able to convince a jury that Leone wasn't acting in reasonable self-defense.
“I'm not necessary saying that he acted in reasonable self-defense,” Hinchcliff was quick to add.
“The decision I made is based solely on the facts of this case and is in no way meant to imply that if someone comes on your property you can shoot at them,” he emphasized.
Hinchcliff said a felony case is pending against Kniss for felony evasion, driving under the influence and using force or violence against peace officers from an incident earlier this year.
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