DENVER — A man who got into a fatal shootout with a 12-year-old boy who was in his stolen car earlier this month will not face charges, the Denver District Attorney's Office said on Thursday.
The shooting happened Feb. 5 on West 10th Avenue. Police said the car's owner had reported it stolen from the 8300-block of E. Northfield Blvd., and tracked it with an app to the intersection of West 12th Avenue and North Decatur Street.
When the owner approached the car, he reported exchanging gunfire with at least one person inside, according to police.
A 12-year-old then drove the car to the 2900-block of W. 10th Ave., where officers found him with a gunshot wound, police said. It appeared that additional occupants inside the stolen car ran away when it stopped.
The boy was taken to the hospital and was pronounced dead.
The Denver District Attorney's office said Thursday that they won't be filing charges in connection with the case. The office said they don't believe they could meet their obligation to prove guilt beyond a reasonable doubt to a jury.
A spokesperson for the Denver Police Department (DPD) explained Friday that despite the DA's office not filing charges, the investigation remains open.
"There are several components still under investigation related to the unidentified individuals who were in the stolen vehicle, including the auto theft and the shots fired at the auto theft victim," the spokesperson wrote via email.
Last week, 9NEWS asked DPD if they had determined who fired first or what led up to the gunfire exchange. Police said that was still under investigation at the time.
9NEWS legal expert Scott Robinson explained that he believes a big factor in the case is the argument of self defense.
"Colorado does not permit the use of deadly force to protect property. But Colorado does permit deadly force if it appears that someone is about to do serious bodily injury or death to you. That's the essence of self-defense," he said.
But because the sequence of events is still being investigated, Robinson said those calculations make it difficult for a prosecutor to determine what to do in this case.
"There's one underlying reality. It will be extremely difficult for jurors to convict an individual who is fired upon while that individual is trying to recover a stolen car," Robinson said.
While Robinson believes cases involving deadly force to prevent theft are common, he says what is rare is for a district attorney to change their mind after already saying they won't press charges.
"Prosecutors have to be pretty well convinced that they can't prove a case when they announce publicly that charges will not be brought against a particular individual," he said.
Robinson also echoed what DPD and Denver City Councilwoman Jamie Torres said last week; that he believes it's too risky to go after a vehicle if it's stolen and you're able to track it, instead of calling police for help.
The shooting happened in Denver City Councilwoman Jamie Torres' district.
In a statement, Torres called it "absolutely tragic" and "likely avoidable."
"I’m heartbroken that this ended in the death of a 12 year old," Torres said. "I know auto theft is a growing issue, not just in Denver but everywhere and it's infuriating to be victimized like that, but I discourage any resident to taking a vigilante approach. It is not worth taking or risking your life. I’m heartbroken that this entire sequence of events took place and that it was brought to my District’s doorstep."
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