Man won't be charged in death of son


Benjamin Hamilton, 29, was found dead from a gunshot wound inside his parents' home on Windlake Court in Southern Wake County last month.

Rhonda and Linwood Hamilton Senior were the only other people inside the home at the time of the shooting according to search warrants in the case.

Click here to read the warrants (.pdf)

The warrants say Hamilton was threatening his parents and had them backed into a bedroom when his father shot him with a shotgun.

Linwood Hamilton Senior is quoted in the warrants as saying: "he didn't have anywhere to go. That was my last resort."

Wake County prosecutors said Tuesday they've determined Linwood Hamilton acted in self defense and they won't file any charges.

Benjamin Hamilton was charged last month with breaking into his parents' home and his father's business in Raleigh. Before the shooting, he was sentenced to two years probation for those crimes and for violating a domestic violence protective order filed by his ex-girlfriend.

The warrants also say that Benjamin had violent tendencies towards his father. Deputies say after his arrest, they overheard him saying "If I have felonies, it'll be the last breath you take."

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