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Man accused of fatally shooting teen car theft suspect released on bond

Until a recent state Supreme Court ruling, suspects charged with first-degree murder were not eligible for bond.

AURORA, Colo. — The man accused of fatally shooting one teen and injuring a second teen after they tried to steal his vehicle in July is free on bond.

Orest Schur, 27, is charged with one count of first-degree murder and one count of attempted murder related to the incident July 6.

According to the 17th Judicial District Attorney's Office, Schur posted a $500,000 cash-only bond last month. Until a recent Colorado Supreme Court ruling, suspects charged with first-degree were not eligible for bond.

Schur's wife paid the half-a-million dollars with a certified check on August 10th, according to court and jail records. Schur had to surrender his passport and firearms as part of his conditions for release.

>The video above is a prior report about the case.

This ruling came after state lawmakers in 2020 repealed the death penalty. The state's highest court said because there is no longer a capital punishment for first-degree murder, a capital offense, must be eligible for bond.

RELATED: Supreme Court rules 1st-degree murder suspects must receive bond – lawmakers, crime victims want change

The incident began in the 19400 block of East 59th Place when a car alarm woke up Schur and his family.

His wife called 911 at 11:19 p.m. She reported that after being woken up, they looked outside and saw two people dressed in black attempting to break into a Hyundai Elantra, according to an arrest affidavit from Aurora Police. She went on to say that her husband had gone outside to look around.

She reported that she heard a car driving very fast and then heard three gunshots that she believed came from one street over. The dispatcher advised her to call her husband and tell him to come inside, the affidavit says.

About four minutes later, someone else called 911. According to the affidavit, the caller refused to give their name but was later identified as Schur.

He reported that "he had been shot at while he was chasing some car thieves," the affidavit says.

Schur reported he had been shot at in the area of East 58th Drive and Flanders Street. He said he was not hurt, that he had "chased them down," that the suspects crashed and he "had shot back at them," according to the affidavit.

RELATED: Man accused of fatally shooting teen car theft suspect claims suspects fired at him

When officers arrived, they located a Kia Rio crashed into a backyard fence on East 58th Circle. The vehicle had a bullet hole in the trunk, and the rear windshield was shattered, the affidavit says. It appeared a bullet had traveled through the rear of the front driver's seat.

One victim, identified as Xavier Daniel Kirk, 14, was later found lying in a yard with two gunshot wounds. He died from his injuries. The other victim, a 13-year-old boy, went to a nearby relative's home and was taken to the hospital where he was treated for a gunshot wound. He's expected to survive.

Schur is next due in court on Oct. 19 for a preliminary hearing.

Credit: Aurora Police Department
Orest Schur

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