Filberto Alderete (No. 14): No charges in Jesus Sifuentes Jr. shooting due to Make My Day law
Update below: Lots of twists and turns in the gunplay on West 18th Avenue over the weekend. Daniel Alderete was shot by police, allegedly because he wouldn't drop a weapon, while Filberto Alderete was arrested for investigation into the death of a man later identified as Jesus Sifuentes Jr.
Now, however, charges against Filberto have been dropped on Make My Day law grounds.
"The case was reviewed with both the regular self-defense law and the Make My Day defense statutes in mind, and there were elements of both of them in the case," says Lynn Kimbrough, spokeswoman for the Denver District Attorney's Office. "But it would be accurate to refer to it as a Make My Day case."
The reason: According to reports, Kimbrough says that Sifuentes "was forcing his way through the door" at the time he was shot.
Meanwhile, the investigation into the actions of Daniel Alderete continues. A family member told Channel 31 that Daniel didn't have a weapon at the time he was shot by an officer, but that assertion doesn't match the information Kimbrough's seen. She adds that "it's possible we'll have the decision letter that comes as a result of an officer-involved shooting by the end of the week. So we may be able to answer more questions once that's out."
Here's the DA's office release about the clearing of Filberto Alderete:
The Denver District Attorney has declined to file criminal charges against Filberto Alderete in connection with the shooting death of Jesus Sifuentes, Jr. on July 18, 2010. Following a review of all the facts in the case, it was determined that we could not disprove, beyond a reasonable doubt, the defense that Mr. Alderete was defending himself against an intruder, Sifuentes, who was forcing his way inside the home. Mr. Alderete was released from custody yesterday.
The investigation and review of the officer-involved shooting that resulted in injuries to Daniel Alderete is still ongoing.
Update, July 22: Read about the latest developments in this post: "Daniel Alderete: Make My Day Situation Aside, Shooting by Cop Deemed Justified."