Homeowner won’t face charges in fatal shooting of man during break-in

By Paul Shockley
Thursday, February 9, 2012

Citing Colorado’s “Make My Day” law, the Mesa County District Attorney’s Office said Wednesday no charges will be filed in the fatal shooting of an alleged burglar at an Orchard Mesa home in November.

A dispute between a homeowner and the alleged burglar stemmed from a $50 credit card charge, according to prosecutors.

“... The DA finds it difficult, if not impossible, to overcome the immunity from prosecution claim for use of force against an intruder,” reads a letter from Chief Deputy District Attorney Mark Hand, who sent the letter to the Mesa County Sheriff’s Department.

Sean Southwell, who lives at 197 Indiana St., called 911 around 10:15 a.m. on Nov. 25 and told dispatchers he shot a man who was trying to get inside his home. The alleged burglar, Jesus Sanchez Jr., 43, of Grand Junction, was found dead near the front door. Sanchez was shot once in the head.

Southwell told investigators Sanchez approached the front door, yelling and pounding on the door, and at one point he punched a hole through a glass window on the front door and tried to reach inside to unlock a deadbolt lock, according to Hand’s letter.

William McCabe, Southwell’s roommate, hit Sanchez on the arm with a baseball bat toward preventing Sanchez from entering, the letter said.

Southwell told investigators he was standing inside the home and warned Sanchez he had a gun and told him to leave, threatening to shoot if he entered.

“Mr. Sanchez reached through the window, unlocked the dead- bolt and pushed the door open,” the letter said. “Mr. Sanchez appeared as if he was either reaching into his pocket for a weapon or preparing to throw a punch when Mr. Southwell shot him one time in the head.”

Southwell, McCabe and Sanchez knew each other and recently were involved in a dispute regarding claims Southwell and McCabe charged $50 to Sanchez’s credit card without his consent, the letter said. Southwell and McCabe denied the allegation.

Three days prior to the fatal shooting, Sanchez confronted Southwell on his front porch and allegedly punched Southwell in the face, the letter said.