INDIAN RIVER COUNTY — The State Attorney's Office called the shooting death of a man who broke into his wife's home in March a justifiable homicide and will not press charges against the gunman, the Indian River County Sheriff's Office said.
Assistant State Attorney Daryl Eisenhower made the decision on April 23 after reviewing the evidence in the death of Gilberto Caban Jr. Sheriff's Sgt. Tony Consalo said Caban, 37, violated an injunction order when he entered the home in the 100 block of 38th Court on March 22.
Inside the home was Caban's wife, their 12-year-old daughter and 32-year-old Chad Mallonee, who was armed with a Glock pistol, the Sheriff's Office said. Caban, who was armed with a tire iron, was shot four times in the upper left chest, Consalo said.
Margaret Caban filed the protection order against her husband on Feb. 15, the Sheriff's Office said. The day before the shooting, witnesses told deputies Gilberto Caban went to Mallonee's home in the 500 block of South Waverly Place, Vero Beach, and attacked Mallonee's car with a baseball bat. After he left the home, Gilberto Caban came across Mallonee and his wife and made a threat against them, Consalo said.
At 2:20 a.m. March 22 Gilberto Caban used a house key to enter his wife's home and knocked down a bedroom door when he was shot by Mallonee, the Sheriff's Office said.
Margaret Caban was on the phone with a 911 dispatcher during the break-in. The recording was not made available Friday.