Woman may have known intruder her husband shot in South Omaha - Omaha.com
Published Saturday, January 26, 2013 at 12:00 am / Updated at 8:54 am
Woman may have known intruder her husband shot in South Omaha

A homeowner who shot and killed an intruder in South Omaha told others he had no idea who the man was.

His wife apparently couldn't say the same.

The homeowner, David Erives, told others that he had no idea why the man was grabbing at his wife shortly after trying to get in the back door of the couple's house at 1607 Drexel St. late Thursday.

However, Erives' wife, Lydia, apparently knew the man, Raul Rivas, from her work as a cocktail waitress at a Council Bluffs casino.

Rivas, 43, died of his injuries at Creighton University Medical Center.

Raul Rivas

Douglas County Attorney Don Kleine said Friday that Rivas didn't appear to have a gun or a knife. However, he said, Erives didn't know that, and the shooting appeared to be in self-defense because Rivas kept coming at him.

Erives, 29, shot Rivas in the leg and again in the chest.

The sequence of events according to a person who spoke with Erives about the incident:

Erives, who travels for work, arrived home Thursday afternoon and made plans with his wife and family to go to dinner and celebrate his wife's birthday.

About 11:30 p.m., Rivas came to the back door and rang the doorbell. Erives said he did not know the man, nor did he know that his wife knew him from her job.

Here's what Erives knew, according to the person who spoke with him:

A man was at the back door. The homeowner's wife was hollering at the man: “What the (expletive) are you doing?”
The man responded in Spanish — begging Lydia to leave the house and come with him.

He wedged a foot in the door and was grabbing at her.

Erives ran upstairs and grabbed a bolt-action .22-caliber rifle and some bullets from a coat pocket. He hollered at Rivas in Spanish to “get the (expletive) out of my house” and pointed the gun at him.

Rivas was still near the door, and not far from Lydia.

The homeowner walked toward the man, gun trained on him.

The man, who was not armed, responded: “You're a (expletive). You won't shoot me.”

When Rivas kept walking toward Erives, he fired, hitting the man in his left knee. Rivas fell out on the back stoop.
But that didn't stop him. He soon got back up, leading Erives to believe Rivas was on drugs.

Gun still drawn, Erives was tracking Rivas as he walked away from the house.

He said Rivas turned around and walked back toward him. Rivas again challenged him to fight, calling him an expletive.

Erives begged the man to lie down until police arrived. He said he feared Rivas might have a weapon in his car.

Rivas kept coming toward Erives, who said he tried to shoot Rivas in his other leg, but the bullet hit him in the chest.
Erives called 911 and, once police arrived, turned over his gun.

Kleine said while he believes the shooting was justified, the investigation continues. Authorities are waiting on autopsy and toxicology reports to determine whether Rivas had been drinking or using drugs.

Shannon Magee said the neighborhood normally is quiet.

“If he shot somebody for intruding in his home, I applaud him,” Magee said of Erives. “I'm glad to have neighbors that protect the neighborhood.”

Contact the writer: 402-444-3100, maggie.obrien@owh.com

Correction: A previous version of this story identified the shooting as happening "last Thursday." The victim was shot the evening of Thursday, Jan. 24.

Contact the writer: Maggie O'Brien

maggie.o'brien@owh.com    |   402-444-3100    |  

Maggie is a cops and breaking news reporter for Omaha.com.

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