No charges for homeowner in Craigslist robbery

Posted at 8:44 PM, Feb 17, 2016
and last updated 2016-02-18 12:20:00-05

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. 


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