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Prosecutors won't charge resident who fatally shot intruder

Prosecutors said they didn't believe they could prove the case beyond a reasonable doubt, citing a strong claim of self-defense.
Denver police say a man shot and killed an intruder at an apartment complex right across from the University of Denver.

DENVER — No charges will be filed in connection with a deadly shooting in July at an apartment near the University of Denver.

According to Denver Police, a resident returned to their apartment inside One Observatory Park around 1 a.m. on  July 21 and was startled by an intruder. The apartment building is on East Evans Avenue, just east of South University Boulevard. 

The resident shot the intruder, who died at the scene, police said. The man, identified as 27-year-old Nelson Kimathi, died from multiple gunshot wounds, according to the coroner's office.

This week, Denver Police said they presented the findings of their investigation to the Denver District Attorney's Office and said prosecutors declined to file charges.

In a statement, the Denver District Attorney's Office confirmed their decision not to move forward with the case.

"We are ethically bound only to prosecute cases that we believe we can prove to a jury beyond a reasonable doubt and, given the strong self-defense claim that likely would have been raised by the defense at trial, we do not believe we could have done that in this case."

Denver police say a man shot and killed an intruder at an apartment complex right across from the University of Denver.

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