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Intruder Shot By Resident, Co 'make My Day' Law Shields Shooter From Liability

November 22, 2005

A registered sex offender was shot in his right arm by a resident in the small suburb of Bow Mar after police allege he tried to break into a home. The case appears to fall under the 'Make My Day' law based on the investigation so far. Under Colorado law, residents cannot be prosecuted when they use deadly force to defend themselves from home intruders.

Aaron Joseph Vigil, 37, is accused of trying to force his way into a home in the 5200 block of Bow Mar Drive shortly after midnight. As the suspect broke a window of a front door, a resident shot him. A neighbor called 911 after seeing the wounded man. He was taken to a hospital and later jailed. 'He (Vigil) was very aggressive as he tried to reach inside the window to get in,' said Chief Bret Cottrell of the Columbine Valley Police Department. 'It appears this was random.' A wooden board covered the broken window, and no one answered the door.

After Vigil was shot, he ran to several homes on the block asking for help, Cottrell said. Blood was spattered on the street in front of Joe Miklich's home, across from the attempted break-in. Miklich said he suspects Vigil tripped over his broken gutter and made the bloody handprint on his backdoor. Miklich was sleeping when the man was running around the neighborhood. 'I don't know if I should clean it up,' Miklich said about the blood stains at his home. 'I don't know what he was doing here. He could have knocked on my front door.'

A neighbor saw Vigil in his backyard asking for help. The resident called police as Vigil waited outside. Police arrived and Vigil was taken to Swedish Medical Center. After he was treated for his injuries, Vigil was taken to Arapahoe County Jail. He was being held on charges of attempted second-degree burglary and attempted first-degree criminal trespassing. Vigil is a registered sex offender in Jefferson County for an indecent exposure conviction. He has also been arrested twice on drug charges.

'The homeowner believed he was in danger. It is still being investigated,' Cottrell said. The homeowner did not suffer any injuries. Residents like Miklich were surprised something like this would happen in their neighborhood. Bow Mar is located around 12 miles southwest of Denver. The scene of the attempted burglary is near the private Bow Mar Lake, known for its beach and yacht club. 'It's kind of scary,' said Miklich who has lived in the town for 20 years. 'It's such a freak and isolated case. We shouldn't worry about it happening again.'