These posts are based on our Good Guy with a Gun calendar. Today’s post is somewhat updated from the calendar version.
The building had been a T.J. Maxx. It had closed, and on a Sunday afternoon it was a construction site on its way to becoming a Sprouts Market. And there had been multiple recent burglaries, which is why the site superintendent was there checking on it.
Around 1:30 PM, he found a man and a woman inside who had no business being there. There was a confrontation, and he got bear-sprayed in the face.
He drew a gun and shot them both.
The man died at the scene. The woman was taken to a hospital, and she died there. They were 40-year-old Timothy Walker Jr., who was shot multiple times, and 37-year-old Patience McFall, who was shot once.
The superintendent stayed, waited for police, and cooperated with them.
Break-ins weren’t news to the neighbors. David William, who works at Mr. K’s Flowers nearby, told Fox 31, “At first it was shocking. But it’s been kind of going down that road the last couple of little bits, so it’s not super surprising.”
About a week and a half later, the Denver DA’s office said it wouldn’t file charges:
After considering all the evidence in the case, including a 911 call, a statement from the shooter and various pieces of physical evidence that corroborated the shooter’s statement, we do not believe that we can prove any criminal charges to a jury beyond a reasonable doubt. A major factor in that decision — which was supported by the Denver Police Department detective who investigated the case — was our belief that there is a significant claim of self-defense on the part of the shooter, who was approached by the alleged burglars and then sprayed in the face with bear spray. We also considered the fact that the shooter, a superintendent of the location where the shooting happened, was checking the building at the time of the shooting due to multiple recent burglaries.
A Fox 31 legal analyst said this about the bear spray: “That is significant, that’s a weapon. It is a deadly weapon if used in close proximity.”
Patience McFall’s father, Robert, wanted the site manager to face charges.
He didn’t argue that his daughter and Walker were in the building legally. “They might have been there trespassing or whatever they were doing.”
He didn’t dispute the fact that they used bear spray. “He [the site manager] got shot with a deterrent spray, mace, bear spray or something like that.”
He second-guessed the site manager’s actions. “He fired seven rounds, which is very excessive. He could have backed out the door and let the police do their job, and they’ll both be alive today.” (We don’t know from news reports how many rounds he fired.)
Rather, he argues about what the punishment should have been for burgling.
“They should never have expectations of being shot and killed in that type of situation. That’s a situation where the police would arrest them and charge them for doing something wrong. You don’t get murdered for being in a construction site. It’s just wrong.
The problem, of course, is that “that type of situation” included assault with a chemical weapon, and yes, anyone who engages in that kind of behavior should have expectations of being shot and potentially killed.
In fact, as a 9News legal analyst pointed out, Colorado doesn’t allow deadly force to protect property. If they had only burgled, and not deployed bear spray, yes, they might still be alive today.
So it wasn’t murder. It was a justifiable homicide. And one of the reasons it happened is that the criminals involved apparently didn’t understand the logical consequences of their actions.
[T]hey didn’t deserve to die, that’s for sure.
I won’t claim they “deserved” to die, per se. But they set themselves up to do so.
Sources
Local News
FOX31 Denver ran three articles: two on the day of and the day after, then the DA’s decision. That last one is the only place I found the DA’s full statement and an interview with McFall’s father.
No arrests so far in double homicide at Denver construction site (Neighbors)
No charges in Denver shooting, but victim’s father disagrees (No charges; the father)
9News ran two articles, first noting the shooting, then the DA’s decision.
2 killed in confrontation at Denver construction site, police say (Original incident)
No charges expected after 2 fatally shot at southwest Denver construction site (No charges)
No charges expected after 2 fatally shot at southwest Denver construction site (Denver Gazette; reprint of 9News)
Denver7 ran three articles: the shooting, the coroner’s identifications, and the DA’s decision.
2 dead in Denver construction site shooting: Police (Original incident)
Coroner IDs 2 people shot, killed during alleged construction site burglary in Denver (Identifications; also syndicated on KOAA)
No charges expected in Denver construction site shooting that killed 2, district attorney’s office says (No charges)
CBS Colorado ran two articles on the day of and the day after.
Two dead losers.
Good job!