Six weeks after two Willacy sheriff's deputies shot a 41- year-old man to death on Jan. 2, the case has not yet been referred to the district attorney's office and Sheriff Larry Spence will not confirm the names of the officers involved.

Roy Almanza Jr., 41, went on a rampage in his home in the 300 block of North Loop, smashing a TV set and other home furnishings with a baseball bat. When family members called the sheriff's dept. about Almanza, two deputies responded.

Sheriff Spence said that when the deputies arrived they saw Almanza threatening people and swinging the bat. In the waistband of his pants Almanza had what appeared to be a pistol, he said.

"He moved toward the deputies with the bat in one hand and pulled the weapon which turned out to be something like a BB gun," Spence said.

When Almanaz continued to advance on the officers with what appeared to be a pistol in his hand they fired on him, a total of five shots from the two deputies.

Almanaza was said to be bipolar and had discontinued his medication about a month before the fatal shooting, the sheriff said.