COLORADO SPRINGS, Colo. — A Colorado Springs jury acquitted a U.S. Army Green Beret who shot and killed an intruder in his detached garage.
Michael Galvin, 35, was found not guilty Monday of negligent homicide in the November 2015 death of Robert Carrigan, KRDO reports.
An autopsy found Carrigan was shot three times in the back.
Prosecutors brought the case over whether Galvin was justified in shooting Carrigan under Colorado’s Make My Day law that allows homeowners to use deadly force against intruders they fear could harm them.
Prosecutors said Galvin confronted Carrigan at night inside the garage, which was detached from the home but still on the property. Prosecutors argued the Make My Day law did not apply because Carrigan did not enter Galvin’s home.
Defense attorneys argued Carrigan lunged for Galvin’s gun before the shooting.
“I think the jury sent a clear message today that if someone is coming onto your property and is stealing things, you have the right to shoot them,” defense attorney Jeremy Loew told KRDO.
“You have the right to defend yourself or your family, and your property.”
“We’re disappointed,” District Attorney Dan May said. “We felt the grand jury brought these charges and we felt there was a basis for that. So yes, disappointed, but we very much support the jury’s decision.”