Prosecutors won’t charge southern Colorado restaurant owner in fatal shooting

Emergency police vehicle, light background. police lights

ANTONITO, Colo. — A southern Colorado restaurant owner who shot an intruder inside the business will not face criminal charges for the man’s death.

Prosecutors say a jury likely would find Felix Gallegos was entitled to defend himself under Colorado law and they could not prove otherwise.

According to prosecutors, a surveillance system notified Gallegos that someone was inside the hamburger stand around 5 a.m. on Sept. 1.

Gallegos’ wife called police. He went to the restaurant in Antonito, which is about 28 miles south of Alamosa along the Colorado-New Mexico border.

Gallegos told police he yelled that the intruder should stay inside because he had called 911. He said a man soon ran out the door and came toward him.

Gallegos said he fired.

Police said 26-year-old Byron Duran was killed. An autopsy found Duran was shot twice and had amphetamines and opiates in his system.

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