(CO) Charges unlikely in intruder's death

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It might be that as criminal gun sources dry up, gun-owning citizens will more and more be at risk.

Charges unlikely in intruder's death

Homeowner killed 1, wounded 2 in break-in
By Dick Foster
Denver Rocky Mountain News Staff Writer

COLORADO SPRINGS — A local homeowner who killed one man and wounded two others during a home invasion probably will not face criminal charges.

Police indicated Monday that Carter Westfall was justified in shooting the men who burst into his home last week.

"We don't anticipate any arrest or charges, although that determination is made by the district attorney's office," said Lt. Skip Arms.

Westfall, 63, was questioned by police after he reported firing at four men who forced their way into his northeast Colorado Springs home early Friday morning.

One man was found dead of a gunshot wound on a neighborhood lawn.

Westfall told police that the men began pounding on his front door shortly before 1 a.m. When he unlocked the deadbolt, they broke a chain lock and pushed their way inside.

The men shoved Westfall to the floor, but Westfall had a .32-caliber automatic pistol, which he began firing. That caused the intruders to flee the house, police said.
Steven A. Trujillo, 18, of Pueblo, was found fatally wounded in the chest, about two blocks away.

Two other men, Toby Rael, 19, and Thomas Bernal, 22, both of Pueblo, were arrested Saturday morning when they sought treatment at St. Mary Corwin Hospital in Pueblo. The two were charged with first-degree burglary and conspiracy. They are being held on $10,000 bail each.

Police still are looking for two or three other men believed involved in the break-in.
Westfall told police he didn't know the intruders, or why they had targeted his house.

"That's kind of a puzzling piece," Arms said. "Somehow they knew about him and the fact that he had some guns, but we haven't been able to piece together what that link is."

Colorado's "Make My Day" law, passed in 1985, allows people to use deadly force to defend themselves against an intruder in their home if they believe the intruder might be a threat.

District Attorney Jeanne Smith told reporters last week that circumstances of the Westfall case would be examined to determine if he acted within the law.
Contact Dick Foster at (719) 633-4442 or fosterd@RockyMountainNews.com.

© Copyright, Denver Publishing Co.
 
There should be murder charges - against the accomplices of the dead suspect. Why? There's been a death during the commission of a inherently dangerous felony - burglary or armed robbery. That the victim should be a perpetrator is irrelevant. Send those two young lads off to prison and Bubba will make sopranos out of 'em. Now, if we can find a fourth, Bubba will be real happy.
 
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