FREMONT (CBS SF) — A 27-year-old man who shot and killed his father in a Fremont home last week has not been charged after he said his father was attacking him and his younger brother with a bat, a Fremont police spokeswoman said Wednesday.

The son, whose name has not been released, shot his 48-year-old father, identified as David Weatherton, in the chest at the brothers’ home in the 39500 block of Pardee Court on Jan. 10.

The shooting came after the Weatherton came over to the house around 5 p.m. that evening while the brothers were at home with two other people, spokeswoman Geneva Bosques said.

Weatherton walked outside to the backyard and started yelling at the 25-year-old son, who was confused about what his dad was yelling.

The son headed out to the backyard, where Weatherton was sitting with a baseball bat that had nails in it, Bosques said.

The son tried to talk his father down, but Weatherton apparently came after him and hit him with the bat, Bosques said.

The 27-year-old then got involved when he saw his father attacking his younger brother and told him to stop.

Weatherton’s attention was then diverted to the 27-year-old and he went after him with the bat, which was when the older son shot him in the chest once, Bosques said.

Police were called to the shooting and the 27-year-old left the house with a friend before authorities arrived. The younger brother remained at the house, Bosques said.

Weatherton was pronounced dead at the scene.

The 27-year-old then arrived at the police station two hours later at 7:20 p.m. with the handgun used in the shooting.

He was cooperative with investigators and after police talked with the Alameda County District Attorney’s Office determined it was a justifiable homicide.

The son was not arrested nor charged in the death, Bosques said.

The two sons and their father all have had prior police contact.

Weatherton had prior drug-related incidents but it is unknown if drugs were a factor in his behavior before the shooting, Bosques said.

Authorities are waiting for results from a toxicology report.

(Copyright 2013 by CBS San Francisco and Bay City News Service. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


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