Prosecutors tell 7NEWS that Colorados Make My Day statute applies to a Boulder homeowner who shot a CU student who entered his house through an unlocked screen door.
Investigators said the 21-year-old suspect, Zoey Ripple, had a blood alcohol content of .20 when she entered a home on the 400 block of College Avenue.
Police said the homeowners, identified by neighbors as Timothy and Doreen Justice, were awakened just before 3:30 a.m. Wednesday, after hearing a noise.
They initially thought it was a raccoon, said police department spokeswoman Kim Kobel. When the homeowners realized someone had opened the door and entered their bedroom, they shouted for the intruder to get out.
Kobel said the male homeowner warned the intruder that he had a gun and would use it.
The intruder continued walking through the bedroom, Kobel said. The husband fired one shot.
Kobel said the couple turned on a light after hearing something fall to the floor.
They saw an unknown female intruder on the floor with a gunshot wound to her hip, Kobel said. They called 911.
Investigators released the 911 recording late Thursday afternoon.
The recording includes the conversation between the operator and a frantic female homeowner.
(Homeowner) Yes shes in the house now. Shes awake. Shes fine. But shes shot.
(Homeowner) She walked into our bedroom, and we told her we were looking at her. She kept coming in the bedroom and we shot her.
The 911 operator asked the female homeowner if the suspect could talk. The homeowner asked the alleged intruder a question.
(Homeowner) Why did you just walk into our house, when we were screaming at you to get out?
The homeowner then told the operator that the alleged suspect appeared to be under the influence.
(Homeowner) She Seems kind of, um, stoned or something.
Police said the victim was shot in the hip and was taken to the hospital where she was listed stable condition. They said the homeowners told them they had never seen the woman before.
One Neighbor told 7NEWS that Ripple may have been going from house to house.
"I have two dogs and they started barking really loudly, said Tom Kellogg. They woke me up around 3:00 in the morning.
Kellogg said another neighbor told him that his sensor light was activated.
Meaning that someone was near the house, he said. My guess is that she was going around the neighborhood poking around and trying to find an open door somewhere.
Boulder District Attorney Stan Garnett said the shooting falls under Colorados Make My Day Law, which gives homeowners the right to use deadly force if an intruder comes into their home uninvited and they feel threatened.
"This was an unfortunate incident for the homeowners in this case, who are understandably upset by what occurred, and for Ms. Ripple, who could have been fatally wounded," said Garnett. "It is also unfortunate that we see a lot of incidents in Boulder where people become so intoxicated that they illegally trespass into another's residence. Luckily most of them don't result in someone being shot, but as this case illustrates, it certainly is a possibility."
Garnett said it will be several days before a decision on possible charges against Ripple are decided.
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