Daughter's ex-boyfriend shot by dad during assault

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Daniel Fuches was allegedly shot by his ex-girlfriend's father during an assault. By Alicia Barron Daniel Fuches was allegedly shot by his ex-girlfriend's father during an assault. By Alicia Barron

PHOENIX -- A Valley man is in the hospital after being shot by his ex-girlfriend's father during a fight.

It happened at about 1:30 a.m. in the neighborhood of 51st Avenue and Beardsley Road. Officers were still on the scene five hours later.

Detectives said it started when Daniels Fuches, 26, and his ex-girlfriend, whose name has not been released, ran into each other at a bar earlier in the night. The two apparently had a drink and then Fuches offered the 27-year-old woman a ride home. During that ride, the two apparently got into an argument about their breakup.

When the pair arrived at the house, the woman got out of Fuches' vehicle and kicked it. Police said Fuches then got out of the vehicle and started choking the woman.

The woman's father, who was inside the house at the time, heard the commotion and looked out his second-story window to see what was happening.

After yelling at Fuches to stop choking his daughter, the 56-year-old man got his gun and fired a shot out the window.

When that didn't stop Fuches, the man climbed out the window and jumped down the hood of his car, which was parked in the driveway.

According to police, the man approached Fuches, who was still choking the woman, and hit him with the weapon. As the attack continued, the man shot Fuches in the leg.

Police said Fuches then turned on the man, coming at him with a large rock he'd picked up from the ground. The man fired again, this time hitting Fuches in the groin.

Neighbors told 3TV that they heard screaming and a struggle followed by gunshots. That's when they called 911.

The father, who also called the police, rendered aid to Fuches until paramedics arrived. Fuches' injuries reportedly were not life threatening; he is expected to recover.

Investigators at the home said the woman suffered injuries consistent with being choked and dragged through gravel. She was treated at the scene, but was not taken to the hospital.

The incident is under investigation.

Fuches is facing assault charges, but at this point, the woman's father has not been charged with anything. Police said it's not yet known if charges will be filed against him.

According to Arizona law (Title 13 - Criminal Code, Chapter 4), "a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force." Depending on the situation, that justification can be extended to protect a third person. Investigators, however, must consider the circumstances of the individual incident to determine any such shooting was indeed justified.