Greeley, Colorado

From the Grand Junction Sentinel of January 12, 2006

Weld DA says no charges against teen or homeowner who shot him

No charges will be filed against a teenager who was drunk when he walked into the wrong home in a rural subdivision after he was injured in a single-vehicle motorcycle accident, or against the homeowner who shot the intruder, the Weld County district attorney said Thursday.

District Attorney Ken Buck said the evidence could not prove that Nathan Weathers, 19, knowingly entered the wrong home or intended to commit a crime inside the home.

Weathers' blood-alcohol content was measured at 0.185 percent at the hospital, and he was disoriented from the motorcycle accident and believed he was entering his own home, Buck said.

He also said the homeowner, James Haflich, was reasonably concerned about his safety and that of his wife, Cheryl Haflich, when he heard Weathers banging on his doors and windows and shot Weathers with a handgun, hitting him in the arm.

The Haflich's home is one block away from Weathers' home, Buck said.

The 1985 Homeowners Protection Act, known as the "Make My Day" law, provides legal protection to homeowners or residents defending themselves against harm.

The possibility of a drunk-driving charge against Weathers was still under investigation, said Thea Mustari, Buck's spokeswoman.