Moffat County, Colorado

From the Craig Daily Press of March 27, 2006

Moffat County man shot to death

A domestic dispute Sunday evening left a Moffat County man dead, shot in the chest by his ex-girlfriend's son in an incident police say was justifiable self-defense.

Craig Police say Mario Vigil, 60, of Moffat County, broke into a home in the 800 block of Washington Street armed with a .30-30-caliber rifle.

The homeowner, whose name has not been released, grabbed a shotgun, shot Vigil once in the chest, and hid in a bedroom with his 9-year-old son, according to a statement from police.

The gunshot wounded Vigil but did not stop him, according to police.

Vigil shot through the door of the room the homeowner was hiding in and tried to break down the door, according to police.

The homeowner grabbed another gun, a .30-06-caliber rifle, and shot Vigil through the door, striking him in the hip, according to police.

When police arrived, they found Vigil dead, lying on the floor outside the bedroom, according to the statement.

The homeowner and his son were still hiding in the bedroom, according to police.

Vigil had been involved in a domestic dispute earlier Sunday involving his ex-girlfriend at a home northwest of Craig, according to police.

In that incident, police said Vigil fired one shot at his ex-girlfriend and threatened to hurt her family, including her grandson.

Police said Monday that the investigation into the case is ongoing and will be referred to the district attorney's office.

The statement from police said the shooting appears to be have been justifiable self-defense.

From the Craig Daily Press of April 5, 2006

D.A.: No charges filed in shooting

The Craig man who shot and killed an intruder at his home in Craig last week will not be charged with a crime, the district attorney announced Tuesday.

Mario Cruz Vigil, 60, was shot March 26 at a house in the 800 block of Washington Street after police say he broke into the home, armed with a gun. The homeowner, Josh Jackson, 33, shot Vigil twice, once in the chest with a shotgun and once in the thigh with a .30-06-caliber rifle. An autopsy showed Vigil died from the thigh wound.

District Attorney Bonnie Roe-sink said that after reviewing police reports, her office decided the incident was "a clear case of justifiable homicide."

In a statement released Tues-day, Roesink said no charges would be filed in the case.

"It's not only self-defense, it's under what we call the ‘make my day law,'" Roesink said, referring to the Colorado law that gives residents immunity if they kill intruders.

Roesink said that in her 19 years at the District Attorney's Office, she has never dealt with a case that was such a clear example of self-defense.

"This is a classic case of it," she said.

After the incident, Craig police said the case appeared to be justifiable self-defense.

Craig police Chief Walt Van-atta said Tuesday that Roesink's findings reflected what investigators saw.

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