Prosecutors won't charge restaurant owner in fatal Antonito shooting

Posted at 4:21 PM, Nov 14, 2018
and last updated 2018-11-14 18:29:18-05

ANTONITO, Colo. (AP) — A Colorado restaurant owner who shot an intruder inside the business will not face criminal charges for the man's death.

Prosecutors say a jury likely would find Felix Gallegos was entitled to defend himself under Colorado law and they could not prove otherwise.

According to prosecutors, a surveillance system notified Gallegos that someone was inside the hamburger stand around 5 a.m. on Sept. 1.

Gallegos' wife called police. He went to the restaurant in Antonito.

Gallegos told police he yelled that the intruder should stay inside because he had called 911. He said a man soon ran out the door and came toward him.

Gallegos said he fired.

Police said 26-year-old Byron Duran was killed. An autopsy found Duran was shot twice and had amphetamines and opiates in his system.