No charges filed in shooting case
By RYAN DIONNE
CEDAR CITY - Iron County Attorney Scott Garrett decided Tuesday to not file charges in a July 25 shooting that occurred in a Wal-Mart parking lot leaving a 26-year-old Cedar City man dead.
After reviewing the case, Garrett determined the force used in the incident was justifiable, and that Carl Coltellino acted in self-defense.
"We just looked at the facts in the case and what the law requires," he said.
The decision comes seven weeks after Steven Stubbs was shot in the head with a shotgun outside the Coltellino's motor home.
The Coltellino family - Carl, Tracy and their two young girls - was traveling through Cedar City on vacation from Florida and decided to spend the night in the Wal-Mart parking lot.
"It's a tragic case," Garrett said. "I feel bad for all the people involved."
Stubbs allegedly knocked on the door of the motor home, and, after entering it, wouldn't leave.
"He wanted to go south," said the Florida mom, Tracy Coltellino, at the time of the incident.
But the Coltellinos tried to make Stubbs leave by shouting and shoving him, she said.
And, after the 26-year-old Cedar City resident wouldn't leave, Carl pulled out a 12-gauge shotgun, which Stubbs allegedly tried to take from the Florida man.
"The fact that he tried to take the gun from him in his home is a pretty key factor," Garrett said.
The report that Stubbs allegedly entered the motor home without permission was another important factor in determining justifiable force.
"There was really nothing that suggested otherwise," Garrett said. "He had two daughters, and he was trying to protect him and his family as well."
Despite the positive outcome for the Florida family, the Coltellino's attorney, William Leigh, refused to comment on the incident.
"We just won't comment to the press about matters," he said. "We've had some problems in the past, so we don't comment on our clients."
Unsuccessful attempts were made to contact the Florida family, and Stubbs' family refused to comment.
However, Ed Mullins, a friend of Carl Coltellino's, said he was surprised the event occurred.
"He's always been a guy of pretty high character, a family guy," said Mullins, the president of the New York City Police Department's Sergeants Benevolent Association.
Carl Coltellino, a former New York City police sergeant, worked in the Big Apple for more than 20 years before he and his family moved to Florida, Mullins said.
Being a police officer, Coltellino was likely to know what amount of force to use when trying to make Stubbs leave the motor home.
"I gotta believe that this was kinda a last resort for him," Mullins said. "Who would want to do that in front of their family?"
While Garrett said the Iron County Attorney's Office is no longer involved with the case, it's possible for Stubbs' family to file a civil lawsuit against the Coltellinos.