BOULDER, Colo. (CBS4)– A man who shot and killed an intruder when he broke into his Boulder home earlier this month will not be charged. Authorities also believe the teen was under the influence of psychedelic mushrooms.
Boulder District Attorney Stan Garnett announced on Wednesday that no charges will be filed against the man who shot and killed Roberto Zamora who broke into the man’s Boulder home.
Police said Zamora, 19, ran through the neighborhood near South Boulder Road and Highway 36 on Pima Court on May 4, causing a big disturbance and making a lot of noise until finally he stopped at one home and broke in. The banging actually started in the back of the house when the female resident of the home called 911.
After Zamora broke through two front doors, one glass, and attacked the homeowner, the homeowner shot him. Zamora did not survive.
Police believe Zamora may have tried to break into other homes in the area before reaching the final house
CBS4 Investigator Brian Maass has learned that Boulder authorities believe Zamora was under the influence of psilocybin or psychedelic mushrooms. A final toxicology report is weeks away but authorities believe Zamora had ingested the psychedelic mushrooms hours before his death.
Garnett released this statement regarding his decision: Colorado’s statute ‘Use of deadly physical force against an intruder’, commonly called the “make my day” law, was put in place because the Colorado legislature recognizes the right of Coloradoans to feel safe and secure in their private dwellings, and to be able to protect themselves if they have a reasonable belief that they may be harmed by an individual who has made an unlawful entry into their homes.
Additionally, Colorado self-defense law permits a person to use deadly force when there is a reasonable perception of use of deadly force by an attacker on himself or another. These situations are a matter of public safety because people have a right to feel secure in their own homes.
However, whenever a firearm is used and an individual is injured or killed, the police and my office will always conduct a thorough investigation to determine exactly what occurred.