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Homeowner Who Shot & Killed Man Fleeing Home Invasion Won't Be Charged

LITTLETON, Colo. (CBS4) - A man who shot and killed a man who robbed him and attempted to steal his vehicle won't be charged.

Pete Weir, district attorney for Jefferson County, announced the decision on Wednesday.

Taft Court Shooting 2 (JCSO tweet)
(credit: Jefferson County Sheriff's Office)

The shooting occurred at a residence in the 5400 block of South Taft Court on Jan. 24 just after 9 a.m. and involved homeowner Anthony Mott and two other males. Mott shot 38-year-old David Martinez who was attempting to flee the robbery in Mott's vehicle.

"It is standard procedure for law enforcement to conduct an investigation into any death resulting from a gunshot wound," Weir said in a statement. "The Jefferson County Sheriff's Office did a very thorough investigation in this case. Following their presentation of the evidence regarding the shooting of Mr. Martinez, the decision was made that criminal charges were not warranted."

david mascarenas
David Ernest Mascarenas (credit: Jeffco Sheriff)

The second suspect in the robbery, David Ernest Mascarenas, 54, was arrested a few days later for his alleged role in the robbery. He was captured on surveillance photos allegedly using credit cards that were stolen from Mott.

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