Posted: Oct 9, 2012 7:47 PM by Tara Oster (Kalispell)
KALISPELL - The Flathead County Attorney has decided that no charges will be filed in the shooting death of Fredenberg.
Brice Harper, 24, shot and killed Fredenberg, 40, and Flathead County Attorney Ed Corrigan has determined that it was a justifiable shooting because Harper felt that his life was threatened.
In a five-page statement released Tuesday by Corrigan, he cites Montana Code 43-3-103, "Use of Force in Defense of Occupied Structure" as part of his reasoning for not charging Harper with murder.
According to the investigation, in August the two men argued in a bar over Fredenberg's 22-year-old wife Heather.
Corrigan said the Fredenbergs had a tumultuous relationship, and that Heather later told police that she "pretty much had an affair" with Harper, something that Harper denies.
Police reports indicate that while the relationship continued, Heather told her husband about the affair.
On September 22nd, Heather and Harper were driving when they noticed her husband following them.
When Harper was dropped off at his home at 244 Empire Loop, Fredenberg followed him into the garage.
Reports indicate that Harper grabbed a gun from inside his house, and that Harper said Fredenberg was "...charging at him, like he was a man on a mission."
Harper told police he told Fredenberg to stop, but he kept coming.
Harper then opened fire, hitting Fredenberg first in the stomach, then in the left shoulder, and finally grazing his face.
Fredenberg died shortly after arriving at the hospital.
In statements to police, Heather said, "It's all my fault."
Based on Fredenberg's unwanted entry into the garage, Harper's fear of Fredenberg, and several other factors, County Attorney Corrigan says he didn't feel the evidence would lead to a murder conviction.
The family of Fredenberg said that they are extremely disappointed with the outcome.