Man arrested along with burglary suspect for assaulting the burglar

PUEBLO, Colo. (KRDO) -- Pueblo Police Department (PPD) arrested two individuals, one who was allegedly burglarizing a home and another male who reportedly used excessive force while making a citizens' arrest.

PPD says they responded to a report of three males beating up another who was caught allegedly burglarizing a home near the 1700 block of Joliet Avenue around 6:53 p.m. on July 17.

PPD says when officers arrived on the scene, they found a male bound in black and yellow duct tape in the front yard of a home. PPD identified the alleged burglar as Joseph Mares, along with several other individuals, who were alleged to have broken into a nearby home.  

Three male suspects, including Cruz Alarcon, allegedly chased the burglary suspects and caught one in a front yard on Joliet Avenue. 

Officers say video showed that Alarcon used excessive force when taking Mares into custody.

PPD says that in Colorado, a citizen's arrest is allowed, but only when a crime is committed in the citizen's presence. This means the citizen must personally witness the crime or have probable cause to believe it is ongoing or just completed. If these conditions are met, a private citizen can use reasonable force to make the arrest and prevent escape, according to PPD.

PPD states that a false citizens' arrest can result in criminal charges.

The burglary suspect Joseph Mares, 21, was transported to a local hospital for minor injuries, and after release from the hospital, was arrested and charged with alleged 2nd degree burglary, says PPD.

Cruz Alarcon, 26, was arrested and charged with the alleged 2nd degree assault and felony menacing with a real/simulated weapon, according to PPD.

Police say both Mares and Alarcon have since bonded out of jail.  

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