Craig Daily Press / D.A.: No charges filed in shooting

April 4, 2006

The Craig man who shot and killed an intruder at his home in Craig last week will not be charged with a crime, the district attorney announced Tuesday.

Mario Cruz Vigil, 60, was shot March 26 at a house in the 800 block of Washington Street after police say he broke into the home, armed with a gun. The homeowner, Josh Jackson, 33, shot Vigil twice, once in the chest with a shotgun and once in the thigh with a .30-06-caliber rifle. An autopsy showed Vigil died from the thigh wound.

District Attorney Bonnie Roe-sink said that after reviewing police reports, her office decided the incident was "a clear case of justifiable homicide."

In a statement released Tues-day, Roesink said no charges would be filed in the case.

"It's not only self-defense, it's under what we call the ‘make my day law,'" Roesink said, referring to the Colorado law that gives residents immunity if they kill intruders.

Roesink said that in her 19 years at the District Attorney's Office, she has never dealt with a case that was such a clear example of self-defense.

"This is a classic case of it," she said.

After the incident, Craig police said the case appeared to be justifiable self-defense.

Craig police Chief Walt Van-atta said Tuesday that Roesink's findings reflected what investigators saw.

"Her findings are consistent with the evidence in the investigation," Vanatta said.

Jackson's wife said last week that the family would have no comment on the case.

The day he was shot, Vigil was involved in a domestic dispute with his former girlfriend, who is Jackson's mother and the grandmother of Jackson's son, according to police.

During the dispute with Jackson's mother, Vigil threatened to kill her grandson, according to police.

Police said they thought Vigil was intoxicated during the incident.

An autopsy performed in Denver last week showed Vigil had a blood alcohol level of 0.132, nearly twice the legal limit, Moffat County Coroner Owen Grant said.

Brandon Johansson can be reached at 824-7031, ext. 213, or bjohansson@craigdailypress.com.