NORTHGLENN, Colo. — No charges will be filed after a man shot and killed two teens in his backyard earlier this month, Northglenn Police Department and 17th Judicial District Attorney's Office said in a joint statement Wednesday.
The 16- and 15-year-old juveniles were armed with a machete and semi-automatic handgun when they were killed on Oct. 2 after breaking into the backyard of a home in the 11600 block of Pearl Street, according to police.
"After a thorough review of the evidence, the District Attorney’s Office and the Northglenn Police Department together concur that no arrest or charges should be filed in this case," the statement reads.
Evidence shows that residents saw an unknown and uninvited man in their backyard cutting leaves and branches off of the resident's marijuana plants, the statement says.
One resident grabbed a .45 caliber handgun and went outside to confront the teens and said, "Really? Get out of here." One of the teens then ran into a shed-like structure, and the resident said he was then targeted by multiple gunshots, the statement says.
The resident said when he looked into the shed through the door he saw muzzle flashes aimed in his direction and heard several gunshots coming from inside the shed and returned fire, according to the police report. Two teens were inside the shed when the resident fired, emptying his clip.
"I didn't even have time to focus," the resident told police, according to the report. "I came around and as soon as... it (his gun) wasn't even loaded yet... ready to go yet, because I remember lifting it up and fumbling with it, and f------ there's gunshots going off, and I was just like oh, oh (simulating bringing the gun up) and I'm like, 'oh my God, what the f---'... this guy is trying to murder me... it was as soon as I crested across there it was like gunshots were going off, it shocked the crap out of me."
He then ran into the home to get a second magazine for his gun, went back outside and told the teens to show their hands, the police report says. At that point, the resident heard moaning and he told the teens to keep their hands visible and to "stay awake" as they waited for police to respond.
One teen died at the scene and a second died after being taken to the hospital, the statement says. The resident was not injured.
"I was just saying, keep you eyes open, I was saying stay awake, I didn't want them to die, I just wanted them, (crying) you know," the resident said when asked again what he said to the teens after the shooting.
Officers recovered a .40 caliber handgun at the scene and three matching, fired shell casings near the bodies in the shed, the statement reads. A large machete-style knife was also found just outside the entrance to the shed.
Ballistic testing showed that two gunshots found in a planter were consistent with the resident's story that he was shot at from the shed.
It was later determined that the teens were also suspected of trespassing at another property on the same day.
According to witnesses and evidence recovered, the teens reportedly broke into the nearby home shortly before the deadly shooting by throwing an object through the window, the statement says. They allegedly stole marijuana plants and a replica AK-47 air soft gun, which was recovered inside a bag at the scene of the shooting.
"The outcome of this incident is tragic. Two teenagers are dead, and their loss is heartbreaking," the statement reads. "The District Attorney’s Office and the Northglenn Police Department must follow the law and the evidence, however, and the evidence clearly shows that the resident of the home acted in self-defense when he returned fire after being fired upon multiple times. Therefore, the resident will not be arrested or charged in this incident."
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