Homeowner shoots man in FC/publishing CCW holders in 2000
Uh-oh "Ray shot Ebner once as he was running from the scene"
http://www.coloradoan.com/apps/pbcs....608290353/1002
Man fires on intruder at home
Shooting victim too ill to explain
Police are saying it is too early to say whether a shooting in south Fort Collins early Monday that put one man in the hospital will fall under Colorado's "make-my-day" law.
David Ebner, 28, was shot shortly before 2 a.m. in the backyard of a house in the 300 block of High Pointe Drive, southeast of the intersection of Horsetooth Road and College Avenue, after homeowner Steven Ray saw him in the backyard, according to Fort Collins police spokeswoman Rita Davis.
Ray, 58, was awakened by barking dogs and tried to turn on the lights.
When the lights wouldn't come on - because of an unrelated power failure - he took a .45 caliber handgun and confronted Ebner in the yard, Davis said in a press release.
The men struggled and Ray shot Ebner once as he was running from the scene, Davis said. Ebner was found 20 minutes later in a vacant lot about 100 yards away.
Ebner is in serious condition in the surgical/neurological intensive care unit at Poudre Valley Hospital. Police have been unable to talk to him because of his condition, Davis said.
There is no fence around Ray's backyard and an irrigation ditch runs along the south side of the gated community.
Ray was not injured during the incident. A 2000 list of concealed-weapon permit holders in Larimer County included Ray's name, but it is not known if he still possesses such a permit.
The "make-my-day" law shields people from criminal and civil penalties if they use force against an intruder they believe poses a threat.
There is no evidence right now that Ebner was trying to break into Ray's house, Davis said.
"We're still trying to figure out what (Ebner) was doing in the backyard," said Davis, who added that the investigation is ongoing.
No one answered the door at either Ray's or Ebner's residence Monday afternoon. A woman who answered the phone in Ebner's hospital room referred all questions to the police.
Ray's neighbor, Julie Knudsen, told the Coloradoan it had been "a very hard day for everyone" before asking the reporter to leave the gated community.
