Kim Nguyen with 7News writes:
A deadly shooting two weeks ago near Sloans Lake may have been a case of self defense — where the homeowner fatally shot a suspected burglar, according to newly obtained court documents.
The shooting occurred just outside a home at West 16th Avenue and Yates Street on March 18.
According to an affidavit in support of a search warrant, the homeowner called 911 around 10:40 a.m.
“The caller says a guy came at him and he had to shoot him … The caller says he was just getting home and the guy came at him. The caller says the guy has some of his possessions and believes it is a burglary,” a detective wrote in the affidavit.
When officers arrived, they found a man lying on the ground behind a car parked in the driveway. He was pronounced dead at the scene.
The Denver Office of the Medical Examiner identified him as 52-year-old Dwayne Kelly and concluded he died of multiple gunshot wounds, according to the Associated Press.
Kelly was fully dressed with gloves on his hands. A backpack and a box for a computer were found near his body, the affidavit indicates.
Police also found two spent shell casings and bullet fragments on the ground behind the vehicle.
The homeowner told police that he had a concealed weapons permit and when he came home he was confronted by a stranger, who “charged at him,” according to the affidavit.
The homeowner said that the man tried to grab his gun and admitted he fired shots at the stranger and then placed his handgun inside his car and locked it in the vehicle until police arrived.
Officers placed brown paper bags over the homeowner’s hands, to preserve any evidence, and then took him to the police station, where he was questioned.
The homeowner was released later that day.
The case is being reviewed by the Denver district attorney’s office.
Colorado’s Make My Day law gives residents the right to shoot and kill an intruder but only if the shooting occurred inside the home. Beyond the threshold — on porches, driveways and back yards — the decision on whether charges are filed will be up to the discretion of the district attorney.
7NEWS is withholding the name of the homeowner since he has not been charged.