Marcus Duran shooting: Classic "Make My Day" case or unjustifiable homicide?

Update, 11:18 a.m. May 26: According to Denver District Attorney spokeswoman Lynn Kimbrough, a determination about whether or not to charge the homeowner who shot and killed seventeen-year-old Marcus Duran, who was allegedly trying to break into his house at the time, will likely be announced more than a week after the Monday incident took place.

Via e-mail, she writes that she's talked to the personnel handling the matter, "and it appears our review of the case and a formal decision will not come until mid-week next week at the earliest."

Look below for our earlier item on this controversial case, published on May 25.

The Denver Police Department is investigating the death of Marcus Duran, seventeen, as a homicide -- but there's no telling at this point whether it'll be determined to have been a justifiable one.

Duran was among a trio who allegedly tried to break into a home at 3150 Gaylord Street early yesterday morning. The still-unidentified homeowner reportedly shot and killed Duran -- and in an interview with Channel 31 on view below, several of his family members argue that the circumstances don't fit within the outlines of the Make My Day law designed to allow individuals to protect their property by force of arms.

The decision on that issue falls to the Denver District Attorney's Office -- and spokeswoman Lynn Kimbrough says it's not imminent.

"We aren't expecting the case to come over today," Kimbrough says. "It's still under investigation by the police department, and there isn't a particular deadline. The only clock that's ticking would be related to the arrest of one juvenile so far." A third suspect remains at large.

Adds Kimbrough: "The detectives can take all the time they need to gather information."

Look below to read the releases issued by the DPD -- they don't identify Duran -- as well as the aforementioned Channel 31 piece:

Denver Police Department releases:

Denver Police are continuing the homicide investigation into the shooting that occurred at 3150 Gaylord Street early this morning.

The 17 year old arrested this morning is being held for investigation of First-Degree Burglary. Denver Police are working to identify the third suspect involved in the burglary.

The identity of the deceased suspect is pending positive identification by the Office of the Medical Examiner and notification of the next of kin.

The homeowner has been released pending the completion of the investigation and the presentation of the case to the District Attorney's Office for their review.

Additional facts of the investigation will be released as they become available.

Previous Release May 24, 2010 4:24 a.m.

On May 24, 2010, at approximately 2:20 a.m. Denver Police Officers were investigating a burglary call in the 3100 block of Gaylord Street when they heard gunshots. Officers went to 3150 Gaylord Street and found one a male, who appeared to be suffering from a gun shot wound(s). He was pronounced dead at the scene.

It is being reported that the deceased along with two individuals was attempting to burglarize the home when the home owner shot the suspect. The other two suspects fled the scene in an unknown direction. Officer contact and arrested a 17 year old male in the area.

The situation is currently being investigated as a homicide.


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Michael Roberts has written for Westword since October 1990, serving stints as music editor and media columnist. He currently covers everything from breaking news and politics to sports and stories that defy categorization.
Contact: Michael Roberts