Elderly man facing serious charges for shooting at thieves

by Julie Hayden | Investigative Reporter KWGN Denver
Jul. 11, 2010

WHEAT RIDGE, Colo. - Legal analyst Dan Recht said he believes the Jefferson County District Attorney is "seriously overcharging" a Wheat Ridge homeowner, accused of attempted first degree murder for shooting at two thieves.

82-year-old Robert Wallace said he fired two shots at two men when they tried to run him over while stealing his flatbed trailer.

Wallace now faces twelve felony counts, including four counts of attempted first degree murder, for what he described as an act of defending his property and his life. If convicted, he could spend the rest of his life in prison.

One of the thieves, Damacio Torres later admitted to the theft. He and his partner in crime, Alvara Cardano both have prior arrest records and are believed to be in the country illegally.

But they are not facing any charges.

Recht said, in his experience, prosecutors overcharge cases to force a person to plea bargain. He argued that it's just not right to put a person through that kind of mental and financial stress.

Jefferson County DA, Scott Storey, indicated he'll take a closer look at his office's decision to throw the book at the homeowner and hinted the charges could be reduced. He said the investigation continues into the confessed thieves.

 













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