Springs woman will not face charges for shooting, killing intruder

A Colorado Springs woman who shot and killed a man who was trying to break into her home will not face any charges.

The 4th Judicial District Attorney’s Office said Thursday (11/6/14) that the shooting was justified.

The woman, 59, rents her home in the 2900 block of W. Colorado Ave.

Police received a call just after midnight about a burglary in progress with shots fired. When officers arrived, they found a man with a gunshot wound. Eduardo Gonzalez-Ortiz, 32, died at the hospital.

“She said she just heard some crashing, and got up and saw that this guy was climbing through her window,” said homeowner Linda Orist of her tenant.

Orist said her tenant was upset and shaken up but was relived she was OK.

“She was upset that she had to kill someone to protect herself,” said Orist.

Orist said the man initially tried to get in through the back door. When he was unsuccessful, Orist said he broke a window with a brick and tried to climb in.

“She warned him that she had a gun and to go away but he, I don’t know, for whatever reason, he kept coming, and she shot a warning shot into the wall and he kept coming so she had to shoot him twice,” said Orist.

Criminal Defense lawyer Jeremy Loew explained Colorado’s ‘Make My Day’ law could apply here.

“Someone has to be breaking into your house, that they have to be committing a crime once they are in your house and you have to be in fear that they are going to use force against you and then at that point you can use deadly force against them,” said Loew.

The law was adopted in 1985. However, Loew said it isn’t used often.

“It’s a pretty unusual circumstance that people argue make my day. It happens a couple times a year,” said Loew.

There are currently no other suspects in the investigation.