The Lake County Sheriff’s Office is recommending new charges in connection with a fatal shooting in Pablo in September after an initial charge of deliberate homicide was dismissed without prejudice due to a lack of evidence.

Lake County Attorney Steven Eschenbacher on Tuesday released a review on the death of Johnny McKeever, 34, that took place Sept. 16 when Ryan Black allegedly shot McKeever with a .44 Magnum pistol.

Black, 28, of Pablo, was arrested and charged with deliberate homicide.

Eschenbacher said an investigation determined the shooting was a result of self defense.

In a press release issued Wednesday, Lake County Sheriff Don Bell said that the Lake County Sheriff’s Office is now recommending Black be charged with negligent homicide. That charge is punishable by a maximum sentence of 20 years in state prison and up to a $50,000 fine.

According to an analysis of the shooting by the county attorney’s office, McKeever arrived at Black’s house after 4 a.m. on Sept. 16 to confront his estranged wife, who McKeever “knew was in an extramarital relationship” with Black.

When Black answered the door, McKeever allegedly struck Black in the right eye but otherwise had no weapons.

Black told law enforcement that he then fell backward and the gun “went off striking” McKeever.

According to the report, after the gun went off, Black said he went around the house to the back door, leaving the gun on the dryer and told a friend who was staying at the house that night to call the police.

Black went outside, waiting for law enforcement, while McKeever’s wife attempted to perform CPR.

Based on the wound McKeever suffered, the review states it was “highly unlikely” that he was alive.

It was noted in Eschenbacher’s statement that Black is a recovering paraplegic, and McKeever had been out drinking prior to the altercation.

McKeever’s blood alcohol concentration was “twice the legal limit to drive,” the review states.

According to the report, McKeever was described as “friendly” and a “nice guy” by family and friends, but his wife alleged physical abuse, although it was not documented.

In the hours leading up to the altercation, both Black and McKeever’s wife claim they were in Missoula at different bars through the evening.

Once back in Pablo, Black and McKeever’s wife heard banging at the door, leading her to believe it was McKeever as he had been following her.

She hid in the guest room where the other witness was asleep, so she could hide from McKeever as Black spoke to him.

The county attorney’s review summarizes factors of possible prosecution, including inconsistencies with Black’s story, although some inconsistencies “can be explained by the emotional state (Black) was probably in” after shooting someone.

Also in the review are “factors in favor of not prosecuting,” including that McKeever had previously followed Black and McKeever’s wife, as well as Montana’s “castle doctrine” law which relates “to justifiable use of force,” in which a jury “would have to find beyond a reasonable doubt” that Black’s actions were in fact justified.

Bell said that Black has not claimed self defense in the time since the shooting.

Stating that self defense was brought up by the county attorney’s office, “Black stated he accidentally shot McKeever,” and findings in the investigation do not match with Black’s initial statement, Bell said.