No charges in Denver shooting, but victim’s father disagrees
DENVER (KDVR) — The father of one of the two people shot and killed in a confrontation at a southwest Denver construction site believes the shooter should be held accountable.
Denver police say after a thorough investigation and based on the circumstances in this case, the shooter was not arrested. There will also be no charges in the case.
The Denver District Attorney’s Office sent this statement to FOX31:
“After considering all the evidence in the case, including a 911 call, a statement from the shooter and various pieces of physical evidence that corroborated the shooter’s statement, we do not believe that we can prove any criminal charges to a jury beyond a reasonable doubt. A major factor in that decision – which was supported by the Denver Police Department detective who investigated the case – was our belief that there is a significant claim of self-defense on the part of the shooter, who was approached by the alleged burglars and then sprayed in the face with bear spray. We also considered the fact that the shooter, a superintendent of the location where the shooting happened, was checking the building at the time of the shooting due to multiple recent burglaries.”
Denver District Attorney’s Office
Despite that, the father of one of the people killed believes the shooter should face the justice system.
“They might have been there trespassing or whatever they were doing,” said Robert McFall, whose daughter died in the shooting. “I can’t say to that, but they didn’t deserve to die, that’s for sure.”
Shots fired after bear spray attack, investigators say
The call for help came in around 1:30 p.m. on Feb. 25 at a construction site in the area of Belleview Avenue and Wadsworth Boulevard. Investigators say the situation started when a site manager arrived and found two people inside who could have been involved in a burglary.
After confronting the pair, they reportedly assaulted the site manager by deploying bear spray. He then pulled a firearm and shot the man and woman.
The man, 40-year-old Timothy Walker, died on scene. The woman, identified as 37-year-old Patience McFall, was taken to the hospital where she later died.
“He fired seven rounds, which is very excessive. He could have backed out the door and let the police do their job, and they’ll both be alive today,” McFall said. “If he had any remorse, could have provided some lifesaving help to her.”
McFall said it hurts to imagine what transpired.
“He (the site manager) got shot with a deterrent spray, mace, bear spray or something like that. It’s a hard pill to swallow. What is he doing? Back to work on Monday. It kind of hurts to think that way,” McFall said. “What else hurts, when I think of her collapsing 15 feet outside the door. What was she thinking lying there and bleeding out? It breaks my heart when I think of that situation.”
FOX31 asked legal analyst Chris Decker about the case.
“That is significant, that’s a weapon. It is a deadly weapon if used in close proximity,” Decker said. “You cannot use deadly force to defend personal property, so in order for charges not to be brought, they must have determined the individual was in fear of serious bodily injury or death, and that’s what justified the taking of two lives in this situation.”
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McFall disagrees with the decision.
“They should never have expectations of being shot and killed in that type of situation. That’s a situation where the police would arrest them and charge them for doing something wrong. You don’t get murdered for being in a construction site. It’s just wrong,” McFall said.
FOX31 reached out to the construction company working on the project. A woman answered the phone but said she could not answer any of FOX31’s questions and said someone would respond at a later date.
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