Man tells cops home intruder broke in after midnight, severely beat him — so victim grabbed gun, shot intruder dead

A Colorado man told police an intruder broke into his Commerce City residence after midnight Sunday and severely beat him — so the victim grabbed a gun and shot the intruder dead, KDVR-TV reported. Commerce City is about 20 minutes northeast of Denver.

The incident took place around 2:45 a.m. in the 5300 block of East 64th Avenue, the station said. Police noted in a previous KDVR story that the resident said he was “attacked by an unknown intruder."

'If it's an open-and-shut case of an armed homeowner shooting an intruder, they're probably not going to file charges against the homeowner, and you know, beware to all burglars.'

Detective Sgt. Derek Aragon told the station the resident initially said he was pistol whipped. Indeed, KDVR reported that the resident was seriously injured and had to be hospitalized.

“He was pretty beaten up — face, whole body. ... He had obvious injuries,” Aragon told the station, adding that the resident ran down the street to get help after the shooting.

Police said arriving officers discovered the body of the suspected intruder, an adult male, inside the residence, KCNC-TV reported. Officers found the home in a state of disarray, KDVR added.

Officials are investigating whether or not the shooting was justified under Colorado’s “Make My Day” law, which allows the use of deadly force against intruders in certain situations, KDVR reported.

“As of right now, in the early stages, it's looking that way, but we're still trying to piece that together,” Aragon told KDVR.

Legal analyst for KDVR, Christopher Decker, told the station that under the Make My Day law, citizens have the right to use deadly force against those who unlawfully enter their homes and pose physical dangers to them.

“If it's an open-and-shut case of an armed homeowner shooting an intruder, they're probably not going to file charges against the homeowner, and you know, beware to all burglars,” Decker added to KDVR.

The Adams County Coroner has not yet identified the fatally shot male, KDVR said, adding that police are asking for witnesses to come forward with information by calling the Commerce City Police Department tip line at 303-289-3626.

How are observers reacting?

Commenters underneath the police department's Facebook post about the fatal shooting seem squarely in the resident's corner:

• "This is why it is so important to be armed and ready to protect yourselves and your families," one commenter wrote.
• "Heck yeah!! For every action there is a reaction!! Gotta do what ya gotta do to protect [ourselves] and our home[s]!!" another said.
• "Good!" another commenter concluded. "Now he won’t re-offend."
• "Make My Day law in full effect! FAFO," another commenter declared.

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