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No Charges Filed Against Teen Suspect In Deadly Moss Landing Shootout: Here's Why

The district attorney cited conflicting witness accounts and questions about self-defense.

| Updated

MOSS LANDING, CA — A man detained in connection with a shooting death of two young teens at a party that erupted in gunfire will not face criminal charges at this time, the Monterey County district attorney announced Monday.

District Attorney Jeannine M. Pacioni said there is insufficient evidence to charge Donald Breeden for his involvement in the Nov. 2 shooting at a party on Jetty Road near Moss Landing State Beach that left a third youth seriously injured.

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The Monterey County Sheriff's Office announced Friday they had arrested Breeden, an 18 year-old man from Greenfield, on two counts of murder with criminal street gang enhancements.

"At this time there is insufficient evidence to prove that Donald Breeden did not fire in self-defense," the district attorney's office said.

The shooting on Nov. 2 drew a major law enforcement response and prompted the closure of Jetty Road and the nearby state beach after the two were found dead and others were injured.

According to the district attorney's review, dozens of people attended the party, most of them teens and young adults. Attendees included people associated with groups from Salinas and Greenfield.

A verbal dispute broke out between the groups over accusations of theft, vandalism and threats. Witnesses gave conflicting accounts of how the confrontation escalated and who fired first.

Some witnesses said the Salinas group fired first, while others said the Greenfield group did, according to the district attorney's office.

Investigators said they collected 21 shell casings from the scene, indicating that at least two firearms were used. Forensic analysis is still pending, and no guns were recovered, officials said.

Two teens from the Salinas group were shot seven and five times, respectively, and died, prosecutors said. A young adult from the Greenfield group was shot twice and survived.

The Sheriff's office identified the boys on Tuesday as Marco Antonio Perez, 15, and Nathaniel Flores, 13, both of Salinas. Their deaths prompted an outpouring of grief from the Salinas Union High School District after it confirmed that the two students were among the victims.

"Under California Law, the prosecution has the burden to disprove self-defense beyond a reasonable doubt," Pacioni said. "In other words, self-defense is not just a trial defense available to the accused; the People bear the burden to prove its absence to file charges in the first place.

The investigation and forensic analysis remain ongoing.

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