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Case Description

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Summary based on 3 sources
On a Saturday in the quiet town of Lebam, Washington, a family gathering turned into a scene of violence that ended the life of 36-year-old Andrew Delgado. On September 10, 2022, Andrew and his younger brother, Gabriel, were at their mother's home on State Route 6, spending the day working on a shed. As the day wore on, fueled by alcohol, a verbal dispute erupted between the two brothers, reportedly stemming from insults about their pasts in California.

The argument quickly escalated into a physical fight. After the brothers were separated, Gabriel Delgado, then 32, went inside the house and took a 9mm handgun from their mother's purse. He then walked out the back door and began shooting towards the shed where Andrew and his wife, Danielle Messer, were. During this initial burst of gunfire, Messer was grazed by a bullet on her leg. The couple managed to escape in their vehicle, which was also hit by a bullet, and drove away from the chaotic scene.

Sometime later, Andrew and Danielle returned to the residence, parking across the highway. Believing the situation had calmed, Andrew got out of the car to retrieve some tools he had left behind in the front yard. As he walked across the lawn, Gabriel fired three shots from inside the house, shattering the front window. One of the bullets struck Andrew in the head. His mother, Rose Rascon, rushed to her son's side and attempted to perform CPR, but his injuries were fatal, and he was pronounced dead at the scene.

When law enforcement arrived, Gabriel Delgado was still at the residence and was taken into custody without incident. He was subsequently arrested and charged with first-degree murder and first-degree assault. In February of the following year, Gabriel Delgado pleaded guilty to amended charges of second-degree murder and first-degree assault. He was ultimately sentenced to more than 28 years in prison for the killing of his brother. Following the criminal proceedings, Andrew's widow filed a wrongful death lawsuit against both Gabriel and his mother, alleging negligence on the part of the mother for allowing her son, a convicted felon, to have access to her firearm.