Related To Story TRAILER THEFT
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Senior Who Shot At Men Stealing Trailer Sentenced
Robert Wallace Given Two Years Unsupervised Probation
POSTED: 10:22 am MDT September 24, 2010
UPDATED: 5:13 pm MDT September 24, 2010
WHEAT RIDGE, Colo. -- An 81-year-old Wheat Ridge homeowner who was initially charged with attempted murder after police said he shot at two men stealing a trailer from his property was sentenced Friday.Robert Wallace was given two years of unsupervised probation and he can't own a gun."I am glad it is basically over with," said Wallace.
As part of a plea agreement, Wallace pleaded guilty to reduced felony charges of attempted manslaughter and illegal discharge of a firearm. He was initially charged with four counts of attempted first-degree murder."No one won," said Wallace as he left the courtroom.Wallace agreed to let the state destroy the gun that was used in the shooting. Other guns he owns will be sold with the money possibly going to pay his legal fees.Jefferson County District Attorney Scott Storey said, "It is illegal to shoot someone who is stealing your property."Storey had taken heat from the community following the initial charges of attempted first-degree murder as information concerning the two suspects' immigration status surfaced."Immigration status did not play a role in this decision," Storey said.Storey said Wallace "was not overcharged" with the initial charges of attempted first-degree murder. He said charges are based on the law."There is no evidence that Mr. Wallace’s life was ever threatened during the theft and there is a consequence for shooting a gun into the cab of a truck as it pulled away, even though it was towing his trailer," Storey said.Storey said a disposition was reached before public outrage on this case."The charges in this case were appropriate based upon the facts and evidence we had at the time of filing. This disposition is also just based on our evaluation of the totality of the circumstances, including Mr. Wallace’s age, lack of prior criminal history, as well as other factors,” Storey said.Wallace was arrested in February after he fired a shot into a vehicle driven by two men who appeared to be stealing a flatbed trailer from his property, which was adjacent to his house in Wheat Ridge."I would not knowingly shoot anybody," said Wallace after the hearing. "I merely fired (my gun) to try and disable their truck and recover my property."
One of the suspects, 28-year-old Alvaro Cardona-De Lorea, was shot through the eye, leaving him with serious brain damage and a disfigured skull. Cardona has undergone a competency evaluation which showed he may not be competent to stand trial. His case has been continued.The second theft suspect, Damacio Torres-Ochoa, 32, was arrested by federal immigrant authorities at his Boulder workplace on an immigration violation, authorities said. Torres is charged with theft of an at-risk adult. His next court appearance is Oct. 4.Wallace called police on Feb. 24 and reported that his trailer had been stolen. He said that he had heard a loud noise outside his house and saw two men back their truck onto his property and hook his trailer to their truck. He told police that he went out the back door of his house and yelled at them to stop but they continued to drive away, pulling his trailer.Wallace never told police that he felt in fear for his life during the theft, prosecutors said."In fact, Wallace originally denied to detectives that he had fired a shot during the theft. He later admitted that he fired two shots at the men as they were stealing his trailer," District Attorney spokeswoman Pam Russell said.
Previous Story:
- July 13, 2010: Shooting Over Trailer Theft Fuels Immigration Debate
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