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No Charges Filed In 'Make My Day' Case

Homeowner Justified In Using Deadly Force

POSTED: 3:33 pm MDT July 28, 2006
UPDATED: 4:59 pm MDT July 28, 2006

No charges will be filed against the man who shot and killed an intruder who tried to force his way into the man's home.

According to police, on the morning of July 18, James Edward Cannon broke into the home of Larry Kintz by pushing in an air conditioner in a window near the front door. After entering the home, Cannon was confronted by Kintz and shot, police said.

Cannon, 54, died from the gunshot wound.

Investigators began looking at whether or not the shooting fell under the Colorado law nicknamed the "Make my day law." It allows residents to use deadly force on intruders if they believe their life is in danger.

The prosecutor found that Kintz acted reasonably for a person in his predicament.

Kintz's home had been broken into five times in the previous four months, and during those burglaries two pistols were stolen from the home, according to police.

Also, fingerprints were lifted from one of the previous crime scenes that matched fingerprints taken from Cannon during the autopsy, police said.

Those circumstances, combined with the fact that during the break-in Cannon got up and moved after Kintz ordered him to lie down and remain still, convinced the district attorney that deadly force was justified.

Cannon has an extensive criminal history and has been arrested by Aurora police for aggravated assault with a knife, aggravated robbery, felony menacing, possession of cocaine, criminal impersonation, criminal mischief, trespassing, assault and battery, and shoplifting.

Cannon was reported to be a homeless person living in the area.


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