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HYRUM — A Provo man was justified in using deadly force against his brother-in-law, the Cache County Attorney’s Office announced Wednesday.
Aaron Smith, 40, fatally shot 37-year-old Robert J. Van Hemert during a family argument in Hyrum on Oct. 14, according to investigators. The use of deadly force was determined to be justified under Utah state law after an investigation by the Cache County Sheriff’s Office, Weber Crime Scene Investigators and the State Medical Examiner’s Officer, according to the attorney’s office.
“The investigation reveals that Smith used deadly force because he reasonably believed that such force was necessary to prevent Van Hemert from killing or seriously injuring him and perhaps others,” a statement from the attorney’s office reads. “Conversely, the investigation also reveals that Van Hemert unlawfully used deadly force under circumstances not warranting the use of such force.”
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The man shot and killed during a family argument Tuesday evening has been identified.Van Hemert and his wife — Smith’s sister — were experiencing marital problems leading up to the shooting, with Van Hemert being emotionally abusive to his wife, according to investigators. When Smith arrived at the home with his sister on the day of the shooting, Van Hemert allegedly started a fight with his wife about finances.
Investigators said Smith defended his sister, saying that they needed to pay rent and that Van Hemert was not contributing to the household’s finances because he was unemployed. Van Hemert then demanded Smith leave the home, and when he did not, Van Hemert went into an adjacent bedroom and loaded a magazine into a firearm, according to the county attorney.
“Within seconds, Van Hemert reentered the family room in an aggressive manner with a handgun in his right hand,” the statement from the attorney’s office reads. “Smith, believing his life was in imminent danger, drew his own firearm, which he had been carrying concealed, and fired five shots at Van Hemert in rapid succession.”
Within seconds, Van Hemert reentered the family room in an aggressive manner with a handgun in his right hand.
–Cache County Attorney's Office
Investigators said Smith holds a valid firearm permit issued by the State of Utah. Van Hemert died after being struck by shots to his left lower jaw, left side of the head and right chest, according to the county office.
Smith called 911 after the shooting and told dispatch that he acted in self-defense after Van Hemert pulled a gun on him, police said. He was reportedly compliant with investigators.
Van Hemert was prohibited from possessing a firearm because he was a convicted felon, according to the attorney’s office.
