Homeowner Shot Thieves; Found at Fault

Eighty-one year old Robert Wallace was attempting to protect his property when he shot at two men trying to steal his trailer, as reported by The Denver Channel in Wheat Ridge, Colorado.  He was subsequently given two years of unsupervised probation, had his guns removed and can no longer own one in punishment for his marksmanship.

Wallace was initially charged with attempted murder for shooting at the two men and has said, "I am glad it is basically over with."

The state is destroying the gun Wallace used in the shooting and other guns he owned will be sold.  Wallace has agreed to this and may use the money from the sale of his guns to pay for his legal fees.

Scott Storey, the Jefferson County District Attorney said, "It is illegal to shoot someone who is stealing your property."

Due to the immigration status of the two suspects, Storey was exposed to some community outcry and has said that, "Immigration status did not play a role in this decision."

Storey contends that the original charges of attempted first-degree murder are based on the law and that Wallace was not "overcharged" in the case, "There is no evidence that Mr. Wallace's life was ever threatened during the theft and there is a consequence for shooting a gun into the cab of a truck as it pulled away, even though it was towing his trailer."

Before the public's outrage, Storey stated that a disposition was reached and that the "charges in this case were appropriate based upon the facts and evidence we had at the time of filing. This disposition is also just based on our evaluation of the totality of the circumstances, including Mr. Wallace's age, lack of prior criminal history, as well as other factors."

On February 24, two men were attempting to steal Wallace's flatbed trailer - from his property that is adjacent to his home - when he fired two shots into their vehicle. Wallace defended himself by saying, "I would not knowingly shoot anybody. I merely fired (my gun) to try and disable their truck and recover my property."

Twenty-eight year old Alvaro Cardona-De Lorea, one of the suspects, took a shot through his eye and it left him with serious brain damage and a disfigured skull.  His competency evaluation showed that he may not be able to stand trial. 

Thirty-two year-old Damacio Torres-Ochoa, the other suspect, escaped harm and was arrested by federal immigration authorities - on an immigration violation - at his workplace in Boulder. Torres has a court date of October 4 for charges of theft of an at-risk adult.

Wallace's initial police report didn't mention that he had used a firearm. He simply stated that after hearing a loud noise, he witnessed two men back their truck onto his property and then hook his trailer up to their truck. He yelled at them from his back porch to stop, but they continued to drive away with his trailer.

In his statement he never reported to police that he was in fear for his life.

District Attorney spokesperson Pam Russell said, "In fact, Wallace originally denied to detectives that he had fired a shot during the theft. He later admitted that he fired two shots at the men as they were stealing his trailer."

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