The deadly shooting of a home intruder in Colorado Springs, Colorado could put the state's controversial "make my day" law to the test in an upcoming trial, as a grand jury found that a homeowner did not give the intruder enough time to react before he fired shots, according to newly revealed court documents.
Michael Joseph Galvin, 35, pleaded not guilty Friday to negligent homicide Friday in connection with the November 2015 death of Robert Carrigan, The Gazette reported. He has been released on $2,000 bond and is scheduled to face trial Jan. 9.
Galvin's attorney, Julia Stancil, confirmed that she planned to argue the case using Colorado's "make my day" law, which offers protections to people who defend themselves from intruders inside their homes.
Investigators said Galvin shot the 54-year-old intruder in his detached garage only 10 days after buying the home. Galvin claimed Carrigan could have lunged at him, but evidence suggested the intruder was shot in the back.
"The evidence indicates there was not significant time lapse between the verbal warnings and shots fired resulting in Mr. Carrigan's death," the grand jury in El Paso County reportedly announced in the April indictment.
At least two bullets pierced the garage door.
Relatives said Carrigan had relapsed into drugs, The Gazette reported. Galvin reportedly shot him in the same neighborhood where the intruder grew up.
The Associated Press contributed to this report.