No charges in deadly shooting in Casselton
In a report obtained by KFGO News, prosecutors said, “under the totality of the circumstances, the State is unable to prove beyond a reasonable doubt that Mr. Kester’s use of deadly force in self-defense and/or defense of others was unjustified.”
Under North Dakota law, a person is justified in using deadly force to protect the life of themselves or others.
Burton broke into the apartment where his girlfriend was living. Kester was staying with the woman because she feared that Burton may try to hurt her.
The investigation determined that Burton had threatened the woman’s life days before the shooting and was arrested for terrorizing and domestic violence. He had been released from jail the day before the shooting and was under court order not to contact the woman.
Kester shot Burton in the chest with a handgun when he broke through two locked doors and was headed toward the woman’s bedroom. Kester called 911 shortly before 2:00 a.m. Burton later died at the hospital.