Colorado teen might not walk again after man shot him while teen allegedly tried entering home
A local teenager might not walk again after a man shot him in the stomach while the teen was allegedly trying to enter the man's home.
Robert Loesch, 52, faces charges that include attempted second-degree murder, criminal attempt and first-degree assault for the shooting that happened on Oct. 1 along Sidon Circle in Lafayette.
Riley Murray, 17, went from being a kid that enjoyed playing football and basketball to learning how to hopefully be able to walk again one day. Riley's mom, Becca, told CBS Colorado he has a long road to recovery ahead and is taking it day by day.
Just before 10:30 p.m. on the night of the shooting, Lafayette Police Department received phone calls about a person causing a disturbance in the area and that someone was possibly shot. Witness statements describe a male teen who appeared to be intoxicated and yelling. As the disturbance was underway, Loesch retrieved a gun.
Arrest papers show screenshots from Loesch's doorbell camera. Riley is seen walking up to the front door and trying to open it. He then picks up a chair in the front yard and lifts it over his head.
Loesch fired a shot in Riley's direction. Riley threw the chair toward Loesch, and Loesch fired a second shot that hit Riley in the abdomen.
Colorado's "Make My Day" law allows homeowners to use deadly force against an intruder under certain criteria, including unlawful entry and the threat of physical force or harm.
"It's clear to me that the 'Make My Day' law doesn't come into play here because the person who was outside who ultimately got shot never actually got into the house," said Raj Chohan, a legal analyst. "If that person had broken the plane of the home, had broken in unlawfully, and the person inside had a reasonable belief that physical harm would occur to some of the occupants inside, then, that person would be justified in using deadly force."
In the arrest papers, Loesch said he was scared. The arrest papers state that Loesch said it was a "reactionary moment," when the teen came at him with the chair.
"The defense is going to argue in this case that the homeowner was afraid and that this person was erratic, that they picked up a chair, and that some kind of force was about to be used against them," Chohan said. "They're going to argue that the homeowner believed that it could have been deadly force, having a projectile the size of a chair hurled through the air at you."
However, in this situation, Chohan says the homeowner should've called 911 and not engage with the person.
"Clearly the DA's office and the police department believe that the use of force by the homeowner against the teenager was unjustified. It was excessive and unnecessary," Chohan said.
In a statement, District Attorney Michael Dougherty said, "These charges are the direct result of hard work by the Lafayette Police Department. Their thorough review of the witness accounts and evidence, including video, is exactly what should happen in a case as serious at this one. Our team is committed to continuing to work with the Lafayette Police Department in securing the right outcome in this case."
Riley's mom, Becca, said Riley spent some time in the ICU and has had two surgeries since the shooting. She said Riley will be recovering in the hospital for the next two to three months. She added he is recovering faster than doctors initially thought.
The family is raising funds to help cover the costs for Riley's recovery bills.
Loesch posted bond and was released from jail ahead of his next court date.
