SIOUX FALLS, S.D. (KELO) — In June of 2024, Timothy Overton is accused of shooting and killing a 19-year-old in an apartment parking lot in Tea. Now, Overton has filed documents to have the case dismissed. During a motions hearing in early September, a judge found that Overton’s defense had enough evidence to argue self-defense. Earlier this week, more documents were filed asking the state to dismiss the case entirely.
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A fight broke out at the Tea apartment last summer, leaving one dead and another behind bars. Timothy Overton brought a gun and brass knuckles to the parking lot, and set the gun inside his truck. Isaiah Morales confronted him about a problem, and the two men began swinging at each other. That’s when court records say Overton pulled out the brass knuckles, and Morales had a knife. When Morales had Overton pinned against the truck, Overton grabbed the gun and fired over his shoulder, shooting Morales in the head. Timothy Overton was charged with first-degree murder and aggravated assault with a deadly weapon, among other charges.
Last month, the defense presented enough evidence to establish a claim of self-defense. In court documents filed Monday, the defense argues that the state has not met its burden to disprove the claim of self-defense, and therefore the case should be dismissed.
The defense also said that Overton had a right to be in the parking lot of his apartment and wasn’t engaging in criminal activity when he entered it…