COCHISE COUNTY, Ariz. — No criminal charges will be filed against a homeowner who shot and killed a man who authorities say tried to break into his Saint David home.
On Aug. 30, Cochise County sheriff’s deputies were dispatched to a Saint David neighborhood after a homeowner reported hearing what sounded like a window breaking and seeing someone outside his home on his security system. The homeowner said his family, including two small children, was inside at the time.
The homeowner told deputies that after entering the home’s main living area, he saw a shadow near a window and believed someone was attempting to enter the residence. The homeowner said he was armed and fired his weapon, striking the person.
The man who was shot, identified as 67-year-old Daniel Elzy, died at the scene.
Following an investigation, the sheriff’s office and Cochise County Attorney’s Office determined the homeowner was within his rights to use deadly force.
Sheriff’s officials stated:
“Investigators carefully evaluated the physical evidence, medical examiner's findings, and applicable Arizona laws governing self-defense, defense of others, and protection of an occupied residence. These considerations included legal protections commonly referred to as California’s identified Castle Doctrine, which recognizes an individual's right to defend themselves and others against certain unlawful threats within their home.
The findings were reviewed in consultation with the Cochise County Attorney's Office, and the decision not to pursue criminal charges was made after considering the available evidence and applicable law.”
