Ryan Storey was holding his child when he was threatened by his drunken brother, Curtis Storey, 29, at their mother’s home on South New Avenue in Springfield on April 17, 2013, the memorandum from Todd Myers says.
He stabbed his brother with a pocketknife after attempting to leave the home to avoid Curtis Storey’s aggressive behavior.
Ryan Storey’s actions were ruled justifiable and in self-defense, Myers says.
“The physical evidence and witness statements … all establish that Curtis was intoxicated and attempting to fight Ryan,” he wrote. “Curtis followed Ryan from the house while Ryan was trying to leave. Curtis grabbed Ryan while Ryan was holding his child in a baby carrier."
“Ryan told Curtis that he did not want to fight and was trying to leave, Ryan also told Curtis that if he was assaulted, he would stab Curtis," says Myers' memorandum.
“Even after all these events,” Myers’ memorandum states, “Curtis approached Ryan and hit him in the face while Ryan was hold the baby and carrier. Immediately after Curtis struck Ryan, Ryan stabbed Curtis one time in the chest... Based upon these facts, Curtis is clearly the initial aggressor and is entitled to act in self-defense.”
After a review of the facts of the case, Myers wrote, “no charges will be filed for these events.”
At one time during the investigation, just before 9 p.m. on the night of the stabbing, according to a Springfield Police incident report, Ryan Storey was handcuffed and sitting on a porch crying about his the condition of his brother, who had been taken to a local hospital for treatment of his wounds.
Officer C. Welsh said in his report that Ryan Storey said, "Oh God no, oh God please, Oh please let him be OK."
Curtis Storey was pronounced dead at Mercy Springfield Hospital at 9:27 p.m.
His blood alcohol level was reported at 0.233 in a toxicology report.
Ryan Story was later released from police custody.
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