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Stabbing ruled as justified

| September 30, 2010 9:00 PM

COEUR d'ALENE - A Rathdrum man was justified in the stabbing death of another man and will not face charges, Kootenai County Prosecuting Attorney Barry McHugh said Wednesday.

Scott A. Johnson, 47, "used force reasonably necessary to avoid serious bodily injury or death" when he stabbed and killed Brandon S. DeLuca, 22, on Sept. 24, McHugh said in a press release.

"This is a tragedy that no one, including the Johnson family, wanted to take place," McHugh said. "In some cases it is a difficult decision, but the appropriate decision, to take no action. This is one of those cases."

According to police reports, Johnson and his wife live outside Rathdrum. Their daughter, Jenna Johnson, DeLuca and the younger couple's 1-year-old son lived with them.

On the night of stabbing, Jenna Johnson and DeLuca were arguing and Scott Johnson, who was in another room, believed "that the argument had escalated to a physical confrontation."

Scott Johnson intervened and told DeLuca "to keep his hands off his daughter."

DeLuca "challenged Johnson's ability to stop him," began chest-bumping him, and a fight ensued, "possibly started by Mr. Johnson taking a swing at Mr. DeLuca," the release stated.

Police said DeLuca, 2 inches taller and 50 pounds heavier, "quickly overpowered" Johnson and put him in a choke hold until the older man "agreed the fight was over," and then released him.

Scott Johnson demanded DeLuca leave the home, and when DeLuca refused, Johnson went into the bedroom to get his phone and call police. DeLuca followed and saw that Johnson had grabbed an unopened folding knife, the release said.

DeLuca lifted his shirt and told Johnson to go ahead and stab him, investigators said. Johnson did nothing and DeLuca walked away,

"At that point, out of fear of further physical confrontation with Mr. DeLuca, Mr. Johnson opened the knife" and called 911, the release said.

While Johnson was on the phone, DeLuca came back to the bedroom doorway and then lunged at him.

Johnson ducked to his left and swung the knife with his right hand, the release said. The knife struck DeLuca in the chest, pierced his heart and he died shortly afterward.

McHugh said based on the Kootenai County Sheriff's Department investigation and preliminary autopsy results, it was determined "that "Mr. DeLuca attacked Mr. Johnson," that Johnson was defending himself and would not face charges.