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Pueblo Chieftain
Friday October 06, 2000
Publish Date Thursday October 05, 2000
Springs shooter won’t face charges
COLORADO SPRINGS (AP) - A homeowner who shot and killed one intruder and wounded two others during a break-in last month will not face criminal charges, prosecutors said.
Dan Zook of the El Paso County District Attorney’s Office said Tuesday that an investigation showed Carter Westfall, 63, was acting in self-defense when he shot the three unarmed Pueblo men after they broke into his home on Sept. 22.
‘‘We found the shootings were justified,’’ Zook said.
Steven Trujillo, 18, was killed and Toby Rael, 19, and Thomas Bernal, 22, were wounded by Westfall’s gunfire. Rael and Bernal were arrested when they sought treatment for minor gunshot wounds at a Pueblo hospital. They were charged Tuesday with burglary and conspiracy to commit burglary.
Westfall told police he was awakened by his doorbell at 12:45 a.m., and was armed with a .32-caliber handgun when he answered the door. When he opened the door slightly, the intruders forced it open, breaking a security chain and knocking Westfall down, according to an arrest affidavit.
Westfall told police he fired twice at Trujillo after the intruder reached to choke him, then shot at the other two as they ran.
Westfall could not be reached for comment Tuesday.
Zook declined to discuss specifics of the case because Rael and Bernal still face prosecution.
But former prosecutor Bill Aspinwall said deciding whether to prosecute so-called ‘‘Make My Day’’ shootings can be difficult.
‘‘How do you know if it was an uninvited entry? You talk to the homeowner,’’ he said. ‘‘How do you know if (the intruder) intended to commit a crime? He’s dead, so you talk to the homeowner. It’s a difficult statute for prosecutors to really feel comfortable with.’’
Police still are not sure if the intruders planned to rob Westfall. He told police that Trujillo resembled one of two teen-agers who came to his house Sept. 12 looking for someone that did not live there.
Police are investigating the possibility that more suspects were involved in the break-in.
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