Esterbol Rios-Gomez, was a parolee, out after serving 18 months for assault with a knife. Shortly after having stabbed someone else, he broke into the home of Paciano Reyes-Vieyra, the uncle of his ex-girlfriend's new beau. He threatened Vieyra and his family with a knife, and fled the scene.

When Gomez returned to Vieyra's home a second time, he was met with gunfire. Afraid for his and his families safety, Vieyra shot Gomez with his 30-30 lever action hunting rifle. Gomez was hit once in the side, and once in the back, as he tried to flee. Vieyra waited on the front porch for police to arrive. Gomez was taken to the hospital, where he was pronounced DOA.

The incident went before an Oregon grand jury who found the incident a justifiable use of lethal force.