DA's office: Deadly shooting in Springs townhome justified under 'Make my Day' law

Published: Jul. 11, 2017 at 11:51 AM MDT
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A Colorado Springs man was justified in shooting and killing an acquaintance who had barged into his home and was charging at him as young children were just several feet away, the DA's office announced Tuesday.

Marital issues were the likely trigger behind 33-year-old Felipe Garcia breaking into the shooter's home in the middle of the night, based on the 4th Judicial District Attorney's Office's investigation.

According to that investigation, Garcia had separated from his wife one week prior to the May 14 shooting. The separation came on the heels of an incident between his wife, the shooter and the shooter's girlfriend.

Garcia later threatened the shooter over the phone.

Two days after the phone call, the shooter said he heard a loud "boom," which investigators would later find was Garcia kicking in the door. The shooter ran to investigate and saw Garcia running up the stairs. He told authorities he yelled at Garcia to stop and that he was sorry, but Garcia kept coming towards him. He shot Garcia once in the chest.

At the time of the incident, the shooter's girlfriend and three young children were home. The family lives in the Georgetown Square Townhomes on the 2000 block of North Academy Boulevard.

The shooting has been ruled self defense. No charges will be filed.