DA: Man justified in fatally shooting intruder in Colorado Springs home

Colorado Springs Police Department is investigating a shooting at the Georgetown Square Townhomes near Academy Boulevard and Constitution Avenue. / Ray Harless -- FOX21 News
FOX21 News file photo

COLORADO SPRINGS, Colo. — A Colorado Springs man was justified in shooting an acquaintance who broke into his home in May, according to prosecutors.

The Fourth Judicial District Attorney’s Office made the ruling Tuesday. The shooting happened May 14 at the Georgetown Square Townhomes in the area of Academy Boulevard and Constitution Avenue. The shooting victim, 33-year-old Felipe Garcia, died on the scene. The shooter’s name has not been released.

According to prosecutors, about a week before the shooting, an “incident had occurred” involving the shooter, the shooter’s girlfriend, and Garcia’s wife. Garcia separated from his wife as a result of the incident. Then, two days before the shooting, Garcia and the shooter talked on the phone. Garcia “made comments during that phone call that the shooter understood to be a threat against his safety,” according to prosecutors.

Around 2:30 p.m. May 14, the shooter, his girlfriend, and their three young children were upstairs in their townhome when they heard a boom come from downstairs. The shooter ran to the stairs and saw Garcia coming up the stairs toward him, according to prosecutors. The shooter yelled at Garcia to stop, and that he was sorry, but Garcia kept advancing up the stairs. The shooter shot Garcia once in the chest, killing him.

Investigators determined the “boom” was from Garcia kicking in the back door of the home.

Prosecutors determined the shooting fell within the protections of Colorado’s Make My Day law. No charges will be filed.

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