More details in case of man who shot son's assailant

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By Andrew Hasbun, FOX 10 News - bio | email

MESA, Ariz. -

There is new information about what may have led up to a deadly shooting in Mesa, where a father opened fire on a man who was fighting with his son.

Police say the man who was shot is 31-year old Kyle Chipley, and it's not the first time he's been accused of attacking the shooter's son.

Chipley was arrested in March for an assault in a grocery store parking lot. This appears to be the second time the shooter's son has been attacked by Chipley.

He was on probation for the last assault when he showed up at the shooter's house Monday.

Kyle Chipley was with his brother when the fight broke out. It's still not clear at what point the shooter opened fire, but we know this wasn't the first attack on his son.

According to court documents, Chipley plead guilty to attacking the shooter's son with a telescoping baton back in March, outside of a Safeway grocery store at University and Lindsay.

The assault left the victim with a 2-3 inch gash on his head. Police quickly tracked Chipley down at a nearby bar, and he was sentenced to 3 years probation.

But Monday, after just two months on probation, he was back fighting with the shooter's son.

"Each case is individual. Just because you had a fight with someone in the past does not mean the instantly upon seeing that person the situation arises to a level where you are justified in a shooting," said Mesa Police Det. Steven Berry.

Neighbors say they heard multiple gunshots outside the home near Power and Baseline. Chipley died at nearby hospital.

Police still can't say if the shooter will face any charges. They now have to determine if he was just protecting his son or something more.

"There is a lot of moving parts in the investigation. We have got multiple stories as to how why and where all of the events transpired, including the fight outside the residence and of course the shooting itself," said Berry.

The shooter's son, a girl he was with, and the brother of the man who was killed were all arrested on outstanding warrants. The shooter was not arrested, and his name is not available.