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KEARNS — A Kearns homeowner who was attacked by an intruder in his home fought back and detained the man until police arrived. The intruder later died at a hospital, but prosecutors announced this week that the homeowner will not face any criminal charges in the death.
The incident occurred nearly three months ago on Nov. 23. Travis Jay Garcia, 37, was wandering around a Kearns neighborhood before entering a house at random near 6000 South and 5300 West without permission, according to Unified police.
Garcia, who had no connection to the house, was met with resistance from the homeowner, police say, and the fight continued outside the home. According to court records, Garcia lived less than a mile from the home he entered.
Garcia was taken to a local hospital in critical condition. He died there the next day, according to his obituary. Police say the homeowner put Garcia, who died of asphyxia, in a chokehold.
On Monday, the Salt Lake County District Attorney's Office announced that it will not file any criminal charges against Jacob Ryan Johansen.
"After reviewing the evidence presented, it appears that Mr. Johansen was assaulted by the deceased and attempted to subdue the deceased and prevent further assaults by holding him on the ground while Mr. Johansen was awaiting the arrival of the police. There was no evidence presented indicating Mr. Johansen intended to harm the deceased or to do anything other than defend himself from an assault by the deceased," according to the letter by the district attorney's office declining to file charges.
The letter was obtained by KSL.com through a public records request.
Garcia "lost consciousness while he was being held down," according to the district attorney's office. But the letter also notes that the homeowner was allowed to use self-defense under state law.
The district attorney's office says it will revisit the case if additional evidence is developed.
