Montco death ruled self-defense

Posted: March 24, 2012

The Dec. 17 shooting death of a 19-year-old man in Upper Frederick Township during a confrontation was justified, the Montgomery County District Attorney's Office said Friday.

It said a review determined that Angel Gonzalez acted in self-defense when he shot and killed Zachary Tyler Levin and wounded Levin's stepfather, Joshua Levin, 34.

Gonzalez, 42, lived with Joshua Levin's estranged wife, Roxann Levin, 45, of the 1700 block of Snyder Avenue, at the time.

The District Attorney's Office provided the following account in a statement:

That night, Roxann Levin texted her husband that she needed to be picked up because Gonzalez had thrown her out.

A drunk Joshua Levin had Zachary drive him to the Snyder Avenue address, and the pair got out armed with baseball bats about 8 p.m., investigators say.

They chased Gonzalez from their car to his pickup truck about 25 yards away, where Gonzalez retrieved his legally owned .40-caliber Ruger pistol. He pointed the gun at the pair and told them to leave, but they were "undeterred."

Words were exchanged, and the two bat-wielding men threatened to kill Gonzalez.

Joshua Levin slammed Gonzalez's pickup with a bat. Then, as the confrontation escalated, Gonzalez struck Joshua Levin with the pistol "in an effort to fend him off."

Gonzalez opened fire when Zachary hit him in the head with a bat. He fired a second time as Joshua Levin came at him. Gonzalez then disarmed Joshua Levin and called 911. Levin was treated for a wound at a hospital and released.

Officials said Gonzalez cooperated with state police throughout the investigation.

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