A 34-year-old man forced his way into a North Side apartment near 12500 Toscana Heights and allegedly threatened the resident inside before gunfire erupted and sent him fleeing the scene, Colorado Springs police say. The suspect, identified as Robert Fusco, was later detained, treated by medical personnel, and booked into the El Paso County Jail on a $25,000 bond.
According to the Colorado Springs Gazette, officers responded to the address on the city’s north side after receiving a report of a burglary in progress on Friday. An online police blotter entry cited by the outlet states that Fusco forced entry into the apartment and made threats of harm to the victim inside, at which point the resident fired a gun at him. Fusco was not struck by the gunfire, per the same blotter entry, but fled the apartment after shots were fired before he was ultimately detained by police.
Fusco received medical treatment before being arrested and booked into the El Paso County Jail, where he remains held on the $25,000 bond, the report notes. It remains an open question whether prosecutors will formally pursue first-degree or second-degree felony burglary charges against him, and whether he will post bond or stay in custody pending his initial court advisement.
What Colorado’s Self-Defense Law Means for the Homeowner
The circumstances of the shooting fall squarely within Colorado’s so-called “Make My Day” statute, under which any occupant of a residential dwelling is justified in using physical force — including deadly force — against an uninvited intruder if the occupant reasonably believes that person has committed or intends to commit a crime inside and might use force against a resident, according to the Colorado Legal Defense Group. The law provides both criminal and civil immunity to residential occupants who meet those statutory self-defense conditions, shielding the victim who opened fire from prosecution or a lawsuit tied to the shooting…