Home Intruder Shot In Make My Day Case 'Had No Enemies'

DENVER (CBS4) – Denver District Attorney Mitch Morrissey has decided against filing charges against a man after a deadly shooting at a home near the intersection of Winona Court and Floyd Avenue last week.

Just before 2 a.m. last Friday police responded to a call of what they said was a prowler who forced his way into a home. The homeowner, Jason Morrill, told CBS4 that he is a former police officer but declined to discuss the case any further.

According to communication by dispatchers who took the 911 call, Morrill armed himself and put on a tactical vest for protection. Denver District Attorney Mitch Morrissey reviewed the 911 call before making the decision not to file charges.

"At some point during the call you hear the door give and the individual got into their home. He got to a certain point in the home when the male homeowner shot and killed him," Morrissey said.

When officers arrived to that home they found the suspected prowler, identified as at 32-year-old Christopher Nelson, with a gunshot wound. He died at the scene.

Nelson's family spoke out Monday night after learning no charges would be filed. His sister Danielle Krehbiel says her brother was a good person and friend.

"He would give the shirt off his back to anybody that was in need. He had no enemies in this world, none," Krehbiel said.

Under what is known as Colorado's Make My Day Law, homeowners have the right to use deadly force under certain circumstances. Morrissey says the evidence in this case was clear.

"He (Nelson) said that when he got in that he was going to shoot them, I have never seen a clearer case that fits under our Make My Day statute," Morrissey said.

Nelson's sister says it's a law they agree with, but never thought they would be here.

"I just don't understand why that night he didn't make it to the right house," she said.

Karen Morfitt Joined the CBS4 team as a reporter in 2013. She covers a variety of stories in and around metro Denver. Follow her on Twitter @karenmorfitt or email her tips.