Fort Collins, Colorado

From the Fort Collins Coloradoan of October 5, 2006

Homeowner justified in shooting intruder, DA says

Man to face misdemeanor charge, though

A Fort Collins homeowner who shot a man on a stoop outside a side door was justified in doing so, the District Attorney's office decided Wednesday, but the homeowner still will face a misdemeanor charge related to the incident.

Steven Ray, 58, faces one count of prohibited use of a weapon stemming from the early-morning shooting that occurred Aug. 28 outside his home in the 300 block of High Pointe Drive, according to a news release issued by District Attorney Larry Abrahamson.

Ray said barking dogs woke him around 1:30 a.m. and he noticed someone in the backyard when he looked outside.

The power was out because of an unrelated outage, and when David Ebner refused to identify himself when asked by Ray, the statement said, Ray retrieved a .45 caliber handgun from his basement.

According to the statement, Ebner was reaching for a door handle when Ray returned, a struggle ensued and Ray fired three times. One shot struck Ebner's cell phone and another struck the back of the shoulder, according to the statement; that shot exited through Ebner's chest.

The third shot, Abrahamson said in the release, was an un-aimed shot fired several seconds later and Ray had no idea as to where the bullet was going. This shot, Abrahamson said in the statement, placed all those within range at risk and warranted the misdemeanor charge.

Ray's attorney, Patrick Renworth, said he and Ray were relieved more serious charges were not pressed, but Renworth added he disagrees with the misdemeanor charge.

Ray did not feel out of danger when Ebner was retreating, Renworth said, and was worried he could be circling around the house.

Stephen Cook, Ebner's attorney, said he and his client both thought the prosecution decision to not charge the felonies recommended by Fort Collins police a "shocking disbelief."

Abrahamson said the office did not feel it could prove that Ray's actions were unreasonable if charges had been filed relating to the first two shots.

Ebner will not face charges, according to the statement, because his blood alcohol levels were very high and justice would not be served by prosecuting him.