The Chelan County Prosecutor is moving to drop murder charges against a 24-year-old man who shot and killed another man in front of a bank in Cashmere back in late September, 

Jesus Torres-Lucatero is charged in Chelan County Superior Court with second-degree murder in the shooting death of 22-year-old Gustavo Urbina-Sotelo of Cashmere. 

But prosecutors now think Torres-Lucatero was justified in using deadly force in defense of his younger brother.  

They say video footage verifies that Urbina-Sotelo was attacking 22-year-old Guillermo Torres-Lucatero with a baseball bat when he was shot and killed by Jesus Torres-Lucatero. 

The memorandum filed Monday in Chelan County Superior Court says the state will consider refiling charges if evidence is found that contradicts the conclusion that the shooting was justified.  

The shooting took place during a fight after several previous events between two groups of people the same day, including - a confrontation between Urbina-Sotelo's younger brother and Torres-Lucatero's group, and beer bottles thrown at the front door of Urbina-Sotelo's home. 

Four vehicles were traveling around Cashmere and pulled into the parking lot of the bank, one after the other, just before 11pm on the night of Friday, Sept. 23. 

The memorandum filed by prosecutors says surveillance video shows Gustavo Urbina-Sotelo got out of a car with a baseball bat, ran over to a car driven by Guillermo Torres-Lucatero and swung the bat once or twice, hitting him at least once. 

Within five seconds after Gustavo's assault on Guillermo, Jesus Torres-Lucatero, who was in the back seat behind his younger brother, fired three rounds at Gustavo, killing him. 

The memorandum from prosecutors says Jesus fired the rounds because of fear of the assault on his brother. It said Jesus stopped all use of force after firing at Gustavo, and did not use force on any other people at the scene. 

The bat was found next to Gustavo’s body. 

The memorandum was filed by Chelan County Prosecuting Attorney Robert Sealby. Another hearing in the case was scheduled for Wednesday in Chelan County Superior Court with Judge Robert Jourdan. 

Jesus and Guillermo Torres-Lucatero are still in the Chelan County Jail. Jesus was under a $1 million bail, while Guillermo's was set at $500,000. He was charged with first-degree rendering criminal assistance.

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