Today, the Humboldt County District Attorney Maggie Fleming confirmed that her office had dismissed the case against Brian Swan, who was arrested for shooting a man last April he said was an intruder.

Fleming said that the man who had been shot could not be located to testify. “Unfortunately,” she said, “in spite of a lot of effort to try to locate the victim, we could not find him…We had to dismiss with the understanding we can refile if we locate the victim.”

Local blogger John Chiv reported earlier, “Today, at trial assignment, instead of confirmation for jury trial, Brian Swan got a dismissal.”

On April 8, 2016, Swan was staying at the home of his four-year-old child at the request of the owner, the grandmother of his child. The current boyfriend of the mother of the child who did not live in the home opened the unlocked front door around 11:30 p.m. and walked up the stairs to the room where Swan was sitting with his sleeping daughter on the couch and stepped over the baby gate into the room.

Both Swan and Robert Babb, the man who was shot, agree that Swan repeatedly asked Babb to leave. Swan went into another room, retrieved a 12 gauge pump action shotgun and again told Babb to leave.

The details at this point are not clear but Swan eventually shot Babb.

According to Humboldt County Sheriff Investigator Greg Musson, Babb later told him, “It was my fault; I told him to shoot me and he did.”

Earlier Chapter: