No charges against Denver homeowner in deadly shooting of stranger

Homeowner says shooting was self-defense

DENVER - Prosecutors say they won't file charges against a homeowner near Sloan's Lake who told police he fatally shot a stranger who charged at him when the homeowner found the stranger taking things from his house.

The shooting occurred just outside a home at West 16th Avenue and Yates Street on March 18.

The Denver District Attorney's Office said Thursday it couldn't disprove beyond a reasonable doubt that the shooting was self-defense.

The homeowner said he found the stranger at his house, and that the stranger tried to grab the gun from him.

The homeowner told police he has a concealed carry permit.

Police say they found the shooting victim lying on the driveway with a backpack and a computer box nearby. He was pronounced dead at the scene.

The Denver medical examiner identified the victim as 52-year-old Dwayne Kelly and said he died of multiple gunshot wounds.

Kelly was fully dressed with gloves on his hands, according to a police affidavit.

Police also found two spent shell casings and bullet fragments on the ground behind the vehicle.

Colorado's Make My Day law gives residents the right to shoot and kill an intruder but only if the shooting occurred inside the home. Beyond the threshold -- on porches, driveways and back yards -- the decision on whether charges are filed will be up to the discretion of the district attorney.

7NEWS is withholding the name of the homeowner since he has not been charged.

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