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Hamburger Stand Owner Not Charged in Shooting of Intruder

Police have decided not to charge a restaurant owner in Antonito, Colorado, in the shooting death of an intruder on September first of this year.

Around 5 a.m. in the morning, Felix Gallegos was alerted by the security system in his small restaurant named G6 Hamburgers Stand that an intruder had broken in.

Gallegos instructed his wife to call 911 and then went quickly to his property to investigate.

When Gallegos arrived, the intruder was will inside. He yelled out that the police were on their way and the intruder should stay where he was.

Then, according to Gallegos, 26-year-old Byron Garcia Duran exited the door and ran at the restaurant owner threatening him.

Gallegos fired at Duran hitting him twice and killing him.

The autopsy report of Duran’s body revealed he had amphetamines and opiates in his system.

On Wednesday of this week, the DA’s Office announced they would not file any charges for Duran’s death.

According to DA Crista Newmyer-Olsen, Gallegos actions met all requirements of “affirmative defense.”

Her report said:

“Under Colorado law there is simply no duty to retreat when one is not the initial aggressor,”

What do you think of this situation? Could the shooting have been avoidable? What would you have done the same, and what would you have done differently?

Leave us a comment below to let us know

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4 Responses to Hamburger Stand Owner Not Charged in Shooting of Intruder

  1. J. Houck December 2, 2018 at 7:32 am #

    I would have act the same manner if I was threatened .

  2. LA Pasquini December 3, 2018 at 7:27 pm #

    Owner could have let 911 responders handle the situation to avoid the killing even if legal.

    • Rick Denny January 4, 2019 at 9:47 am #

      When the thief ran at the restaurant owner, the owner had no choice … He had a right to defend himself…

    • Ken January 4, 2019 at 9:07 pm #

      Would they have gotten there before the attacker reached Gallegos?

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