James Ashby was arrested on Nov. 14, 2014, when he was a police officer in Rocky Ford, Colorado.
He was accused of fatally shooting Jack Jacquez Jr. on Oct. 12. Ashby was subsequently charged with second-degree murder, criminally negligent homicide and a violent crime that resulted in death or injury. His bail was set at $1 million.
Chief Judge Mark A. MacDonnell dropped Ashby's bail to $150,000 on Nov. 20, which allowed the ex-cop to bail out of jail (video below).
Ashby's defense lawyer insisted that his client was not a danger to society, had served in the Navy and had two children to care for.
"I do know one thing, [my son] was shot in the back in his own home. And I don't believe Ashby had a reason to be there. There was no call for disturbance. There was also no reason to be there for a warrant. He had no warrant to be served," Jacquez Sr. told KRDO.
However, Judge MacDonnell sealed the arrest warrant at the time.
The Denver Post rerports that the records of the investigation were finally released on Thursday.
According to those records, Ashby told police that he followed Jacquez Jr. into the family house because he thought the 27 year old was a burglar.
Ashby reportedly claimed that he believed Jacquez Jr. was going to attack him with a baseball bat and so he fired two shots at him.
However, the Colorado Bureau of Investigation found that Ashby never identified himself as a police officer, Jacquez Jr. was not facing him at the time of the shooting and was not a threat.
Investigators claimed that Ashby didn't radio in his location or say that he going to make contact with the suspect (Jacquez Jr.).
The slain man's mother Viola Jacquez recalled that Jacquez Jr. knocked on the back door, and after she let him in to the kitchen, Ashby followed, pointed his gun and fired.
Viola also claimed that Ashby fired pepper spray on her dying son, then rushed out of the home and came back with a first-aid kit.
The grieving mom also recalled that Ashby searched the house for the baseball bat, which was in the kitchen before he arrived.