Homeowner who fatally shot armed robbery suspect could face charges

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LITTLETON, Colo. - The victim of an armed robbery could be facing charges.

On Sunday, a homeowner shot and killed a man who came into his home after responding to a Craigslist ad for items for sale.

Authorities say two men arrived to look at items the homeowner had posted for sale, but then they pulled out a gun, tied up the homeowner and robbed him.

The homeowner was able to break free, grab his gun and confronted the suspects in the front yard.

One of the men was attempting to steal the homeowner's SUV when the homeowner opened fire.

One suspect got away, but the man trying to steal the SUV ended up crashing in a nearby yard. He was pronounced dead at a hospital a short time later.

Sources told KDVR that the man who died is 38-year-old David Martinez, who had an extensive criminal record of burglary, theft and drugs.

Now, KDVR says the homeowner could be in trouble with the law.

"While the facts are very sympathetic to the homeowner, the law is not," Dan Recht, a legal expert, said.

He says the homeowner had to have been threatened at the moment he pulled the trigger.

"If a guy is driving away, even if it is your vehicle that he stole, you cannot use deadly force," he said.

Recht adds that the "Make My Day" law only applies inside the home.

However, neighbors do not believe the man should be punished.

"At the point a gun is involved, it's self-defense. It extends beyond the house. It's wherever you are," the neighbor said.

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