Court docs: Man charged with murder after allegedly killing 73-year-old woman taking pictures of his property

PUEBLO COUNTY, Colo. (KRDO)-- A Pueblo County man has been charged with first-degree murder, for allegedly killing his 73-year-old neighbor.

The Pueblo County Sheriff's office says on October 21, Max Struck, 35, shot his neighbor, Patti Magby, 73, who he claimed was roaming around his property taking photos.

According to an arrest affidavit, Struck was sitting in his car, at his home on Bergemann road in Pueblo County. The Pueblo County Sheriff's Office says Struck's car hood was up when he noticed a woman, roaming around his property.

Struck then reportedly called 911, and an operator asked him if the apparent intruder was still on the property.

He allegedly replied, "Uhh well I shot them."

Struck told investigators he didn't know the woman, but deputies say Magby lived right next to Struck's property.

"There's a lot of homes that are on big lots like this that are kind of out in the open without any lights and not a lot of people going around to notice anybody outside of the neighborhood that's new," Wendell Wilson, a neighbor told KRDO.

When deputies arrived at the property, they claimed they found Magby with two bullet wounds, one to her right leg and another to her stomach. She was pronounced dead at the scene.

Deputies said Magby was not armed, and Struck left the car he was in, to go into his home to grab a gun.

According to court documents, Struck reportedly told the 911 operator, "I got out of my car, I told them they have two seconds to get off my property before I bring out my gun,"  she goes, 'well, come here.' and I said, 'no' and I just shot. I just shot into the dark."

The arrest affidavit contains photos investigators collected off of Magby's phone, showing photos of Struck's cars and his yard. According to the affidavit, none of the pictures show that Magby may have entered Struck's home.