A Colorado homeowner may faces charges for reportedly shooting and killing a man who tried to rob his home during a Craigslist sale on Jan. 24.
David Martinez, 38, and another man tied up and robbed the man at gunpoint after entering the home in Littleton to look at items the man was selling, Fox News reports.
Martinez reportedly fled the home in his car, but the unidentified homeowner managed to untie himself and began shooting at him as he drove away. The suspect then crashed his car and later died, reports KDVR.
Police are still searching for the second suspect.
KMGH reports that the state’s Make My Day law means homeowners can only shoot intruders when they’re inside their home, not when they are in their porch, yard or driveway.
“If the homeowner believed his life was in imminent danger he’s allowed to act in self-defense,” David Beller, a legal analyst, told Fox News.
"You can't take the law into your own hands. And if the homeowner in this situation was no longer in danger, you're not allowed to take a life," added Beller.
Dan Recht, another expert, explained to KDVR the homeowner would have avoided potentially facing charges if he had shot Martinez at the exact moment the man threatened him.
“While the facts are very sympathetic to the homeowner, the law is not,” Recht adds. “It is not enough to have been threatened and now use physical force to retaliate. If a guy is driving away, even if it is your vehicle that he stole, you cannot use deadly force.”
Still, Recht says he believes that while the homeowner will be charged, he may not receive prison time.
Some do not think the man should be charged at all as they consider the shooting an act of self-defense. Indeed, some of the man’s neighbors believe he should be applauded for his act instead of punished.
"I don’t want to see him charged," said one neighbor who asked to remain anonymous. “At the point a gun is involved, it’s self-defense. It extends beyond the house. It’s wherever you are.”