Detached garage, shot in the back, and apparently not within lunging distance. The Grand Jury rejected the possible 2nd degree murder or manslaughter charges and indicted on negligent homicide. The defense will put forward a "make my day" defense and if that is not successful she will use a self-defense defense. I would assume the prior burglary convictions will come out at some point. Trial is scheduled to begin in January 2017.

An indictment is not a conviction and I didn't see where the court had denied a "make my day" defense. Grand Juries are more likely to indict than not indict based on the way they are controlled and used by prosecutors. This is all on the El Paso DA's Office. They don't believe the homeowner acted legally and they are pursuing charges. I have no idea what the outcome of a trial will be if the case goes to trial. I am curious as to what type of plea bargain they will offer to avoid a trial.