BOULDER – Citing the 'Make My Day Law,' the Boulder District Attorney's Office will not file charges against the man who shot and killed a 19-year-old who broke into his home during the evening hours of May 4.
DA Stan Garnett says the man killed, identified as CU student Roberto Zamora, "entered the home forcefully and without permission and then aggressively attacked the homeowner." Authorities say Zamora may have been under the influence of at least one drug at the time of the incident.
"As with a case a few years ago in which an intoxicated young woman was shot upon trespassing into a home, it is unfortunate that we continue to see incidents in Boulder where people under the influence of drugs or alcohol become so intoxicated that they illegally trespass into another's residence," Garnett said in a statement.
The incident happened at 98 Pima Court. Prior to the shooting, Boulder Police say Zamora tried to enter several other nearby homes, and that multiple witnesses described him as "behaving bizarrely and aggressively."
During the fatal incident, police say a man and a woman inside the home were watching television when they heard Zamora banging loudly on a window in the rear area of the house. The man told the woman to call police, and he retrieved his handgun.
Zamora broke through the front door, according to police, and knocked the man to the ground. During the fight, the homeowner fired a single shot, hitting Zamora in the chest. He was dead when police arrived.
"The facts and evidence in this case, which have been carefully and thoroughly investigated by the Boulder Police Department, fit the type of circumstance to which the 'make my day' law applies and the homeowner would also have been justified in his actions under Colorado self-defense law," Garnett said.
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