DOUGLAS COUNTY, Colo. -- Eighteenth District Attorney George Brauchler, along with the Douglas County Sheriff's Office, says no charges will be filed after a woman was shot and killed in October over a dispute about access to an apartment.
Shortly before 4 p.m. on Oct. 22, deputies responded to a disturbance between two apartments at 10181 Park Meadows Dr. Dispatchers advised the deputies that shots were fired, and a woman was possibly shot.
When deputies arrived, they found Justin Chaney, 45, with a handgun in a hallway and ordered him to the ground, according to the arrest affidavit. Jamie Anderson, 45, was near Chaney and was also placed into handcuffs.
Deputies continued into the apartment from the hallway and found a woman, identified as Kelly Jo Kiess, 24, with a gunshot wound to the face. Deputies started CPR until an ambulance arrived. Kiess was eventually pronounced dead.
Andy Bernadeau, 22, was standing next to Kiess, crying and yelling, “He shot her,” "he didn't give a warning shot," according to the arrest affidavit.
The report also stated that deputies found a handgun in the pocket of a hooded sweatshirt Kiess was wearing.
Deputies interviewed Bernadeau, who just moved into the apartment with Kiess, and he stated he didn't have an access card to the building yet. He told deputies he went outside of the building and tried to get back in and wasn't able to. He followed Chaney into the apartment complex, after which Chaney asked him about not having an access card, according to the affidavit.
The confrontation between Bernadeau and Chaney turned into an argument in the hallway and Bernadeau said he slapped Chaney. Chaney pulled out a gun and pointed it at Bernadeau, telling him not to move until police arrived, all according to the arrest report.
During the interview, Bernadeau stated that his girlfriend, Kiess, walked outside of their apartment and argued with Anderson, who was also in the hallway. Kiess then went back into the apartment and came back out with a gun. Bernadeau says Kiess pointed the handgun at Chaney and Chaney shot Keiss in the face, according to the affidavit.
"It was self-defense," stated Chaney while he was being handcuffed, according to the report.
Chaney said he was in fear for his life and Anderson's life and he pointed the gun at Kiess and pulled the trigger, according to the arrest report.
Deputies say that both Bernadeau and Chaney shared similar stories during their interviews.
There will be no charges filed against anyone in this case at this time, according to Brauchler.
“My daughter's life is not worth filing charges over?” grieving father Michael Kiess questioned after the decision was announced in court.
Michael says as a father, it is difficult to lose a daughter, especially in the way Kelly died at just 24 years old.
“I don’t know what happened in that hallway. I know that somebody’s life was lost and it happened to be my daughter,” Michael said, adding, “I agree with the judge that I thought charges should have been filed, some charges. Somebody died and it’s hard for me to believe you were in fear of your life after nine or 10 seconds.”
Nicole Fierro contributed to this report.