No charges for homeowner in Craigslist robbery

<p>The man who shot and killed an intruder in Jefferson County won't be charged.</p>

By: Oscar Contreras

No charges will be filed against a Jefferson County homeowner who shot and killed a suspect after the suspect allegedly tied him up and tried to steal his car in an attempted robbery.

David Martinez, 38, was shot by Anthony Mott after Martinez and David Ernest Mascarenas, 54, went to the home on South Taft Court allegedly posing as potential buyers for a car listed on Craiglist.

While they were pretending to look at items for sale, they allegedly tied up Mott and took the keys to a Ford. Before they were able to escape, Mott was able to free himself and grabbed a handgun, shooting Martinez and Mascarenas as they were driving away in the Ford and a Mustang, according to Jefferson County Sheriff's spokeswoman Jacki Kelley.

Martinez crashed the Ford into a nearby home as a result of the shooting. He later died at St. Anthony's Central Hospital.

Under Colorado's "Make My Day" law, a homeowner is able to shoot an intruder who enters their home.

"It does not include the porch, the yard, the driveway, the street outside. The crime must be happening inside the four walls of the victim's home," said Denver7 legal analyst David Beller.

However, after a thorough investigation, First Judicial District Attorney Pete Weir decided not to file charges.

---------

Sign up for Denver7 email alerts to stay informed about breaking news and daily headlines.

Or, keep up-to-date by following Denver7 on Facebook, Instagram and Twitter.

Actions

No charges for homeowner in Craigslist robbery

The Morning Headlines, sign up for a mix of what you need to know to start the day in Colorado, picked for you.

now signed up to receive the The Morning Headlines.