FORT SMITH -- Brad Jones and Kermit Acosta were less than two feet apart when Acosta fired a gun, killing Jones in a July 10 confrontation at a Lavaca home, according to the special prosecutor who announced Friday no charges will be filed in the case.

"Mr. Jones was the aggressor toward Mr. Acosta," Special Prosecuting Attorney David L. Ethredge of Mountain Home said in an interview Friday morning.

In response to Ethredge's decision, the Jones family announced they will file a civil wrongful death lawsuit against Acosta.

"Brad was a loving husband, father, and hardworking member of this community," his wife, Sherry Jones, said in the press release. "His life was taken without cause, and our family deserves justice.

"The prosecutor's decision does not change the truth of what happened,

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