DOUGLAS COUNTY – Investigators say they are not recommending that any charges be filed against a homeowner who shot an intruder.
The Douglas County Sheriff's Office responded to the 11000 block of Highway 83 at 7 a.m. on Sunday after someone broke into a home.
Deputies say the homeowner, 65-year-old William Fresch, shot and killed the intruder. Fresch was taken into custody and the body of a man was found inside the home.
Investigators say they have identified the man as 42-year-old Joseph D. Boone of Parker. The coroner's office will also determine the official cause of death.
9NEWS spoke with Fresch Monday night, he said Boone cut the bolts on the front gate, drove his car onto the property and broke into the window facing away from the highway.
"I heard some voices outside, I didn't know who it was, couldn't see," said Fresch in a phone interview. "I made up my mind not to reach for my rifle that was close by."
Fresch said he waited till the man came closer, until he was standing facing him.
"He said, 'Jesus Christ, I didn't know anybody was living there,'" Fresch said.
Fresch told 9NEWS he then reached for mini 14 caliber rifle, loaded it, then the man lunged at him and pushed him down on to a rocking chair.
According to Fresch, he did offer to let the man walk away, saying he would take the magazine out of his rife, but said Boone didn't believe Fresch wouldn't shoot him in the back.
The fight continued onto a cot, where Fresch said he had a hidden 38 caliber special. He then shot Boone in the head.
After talking to Fresch, investigators say they believe he acted within Colorado law while he was protecting himself inside his home.
Colorado's so-called Make My Day law allows for homeowners to use deadly force to defend themselves inside their home.
Deputies say the situation is still an ongoing investigation.