Winnipeg police said a man acted in self defence and will not face charges for the death of Ernest Desmarais.
Desmarais, 40, died after an incident outside a housing complex in the 700 block of McGee Street around 3 a.m. on Aug. 12.
He and his girlfriend were fighting and it became violent, said police.
A neighbour in the complex came out and diffused the situation before returning to his residence.
Desmarais then entered the man's suite uninvited, but the man was able to convince Desmarais to leave.
Desmarais then became aggressive and tried to assault the man outside, said police.
The man defended himself and hit Desmarais, who later died from injuries, said police.
The man was taken into custody Thursday and later released.
Police said the man acted in self defence.
"The use of force that was used was definitely not excessive in this case," said Const. Natalie Aitken.
Desmarais' family said it's upset by the lack of charges against the man.
"It's like something is taken away from my heart…and they're not charging that guy for killing my son," said Rita Desmarais, Ernest's mother.
"(The man) should have called police. Why take things in his own hands and take away somebody I love?" asked Jenny Desmarais, Ernest's sister.
Police said at this point charges are not warranted, but that could change.
Ernest's family said he died of internal bleeding, brought on by a hard kick to the torso that ruptured his spleen.
Officers continue to investigate. Anyone who observed the incident, who has not yet spoken to investigators, is asked to contact police at 986-6508.
A funeral for Ernest Desmarais is set for next week.
Family members said visitation will be held from 7 p.m. to 11 p.m. on Aug. 17 and the funeral service will take place on Aug. 18 at 11 a.m. at the Voyage Funeral Home at 220 Hespeler Ave.
Ernest Desmarais' family said everyone is welcome to attend.
