The family of the Turlock man shot and killed while allegedly trespassing, disputes the claims he confronted the homeowner and wants to see an arrest made in the fatal encounter.

The deceased man was identified as 25-year-old Brandon Pacheco.

Pacheco was shot Tuesday morning in the 1100 block of Dianne Drive. The man who shot Pacheco has been identified by the Turlock Police Department as 58-year-old Robin Boyer. He told investigators he spotted Pacheco on his property taking items and he confronted him. He said an altercation ensued and he fired his shotgun, striking Pacheco in the head.

Pacheco was found dead between a field of sweet potatoes and the fence line of the property next to Boyer’s.

“I’m not saying what he did was right, but he didn’t deserve this,” said Pacheco’s long-term girlfriend Leah Rojas about the death of her boyfriend. “You don’t shoot someone in the head.”

Rojas said Pacheco had been working at his father’s construction business until just recently and had been going to temporary hiring agencies looking for work over the last month.

“We had an argument that morning over money and I was stressing that the rent was going to be due on the first,” Rojas said. “He left here and now he won’t ever be coming back.”

In that same month’s time span, Pacheco was arrested by the Turlock Police Department and charged with commercial burglary. The case was pending in Stanislaus County Superior Court. Earlier in the year, Pacheco pled guilty to a charge of grand theft after he was caught with a stolen catalytic converter. He was also found in possession of methamphetamine, but that charge was dismissed after he agreed to enter into a drug rehabilitation program.

Even given his criminal past, Pacheco’s sister Linzey Pacheco isn’t convinced he was planning on stealing anything from the Dianne Drive property.

“Maybe he was just being nosey,” Linzey Pacheco said.

She said her brother often went for rides on his dirt bike out on Dianne Drive and other country roads. She doesn’t believe he would have confronted anyone who was holding a shotgun.

“He didn’t confront,” Linzey Pacheco said. “He would have run.”

An autopsy was performed Wednesday and the case has been sent to the Stanislaus County District Attorney’s Office for review and they will make the decision on whether or not to file charges against Boyer.

Boyer does not have a criminal record in Stanislaus County.

Rojas said she doesn’t understand why there has been no arrest in Pacheco’s death.

“If someone were going through my stuff in my front yard and I shot them, I’d be going to prison for the rest of my life,” Rojas said. “So what’s the difference here? Because it was in a field out in the country?”