No charges in "Make My Day" killing at apartment complex

The man who shot and killed an 18-year-old last month at the Greentree Apartments was acting in self-defense under Colorado’s “Make My Day” law and will not face charges, the 4th Judicial District Attorney’s Office announced Tuesday.

Eric Blancas was shot in the chest July 26 by 35-year-old Joseph Fleming, a resident of the apartments on North Carefree Circle.

A group of people “with potential gang involvement” were arguing outside the apartments when Fleming grabbed his shotgun for protection, the District Attorney’s Office stated. Attempting to let a friend inside, Fleming “was rushed by several members of the group,” beaten and stabbed. Blancas was in the group that rushed into Fleming’s apartment and were attempting to take Fleming’s gun.

“Concerned that they would kill him or his family with the shotgun, he tried to discharge all of the cartridges into the floor,” the DA’s office said in a release.

In the struggle, one of the shots struck Blancas, killing him. Fleming was hospitalized.

“In reviewing the facts surrounding the shooting, the District Attorney’s Office determines that pursuant to Colorado law, Joseph Fleming, 35, was justified in his use of deadly physical force to defend himself and his family and to defend against an intruder.

This is the second killing in the past year in Colorado Springs to come under the Make My Day law, which permits people to use deadly force to protect themselves from intruders in their homes.

In January, James Parsons was cleared of any wrongdoing in the December shooting death of 22-year-old Sean Kennedy. Kennedy had been drinking the night he was killed and was attempting to break into a home near Fillmore Street and Nevada Avenue in what police said was the mistaken belief he was entering his own home.

A third fatal shooting at a car lot in the Knob Hill neighborhood in April was presented to a grand jury, which declined last week to file criminal charges.

View Greentree Apartments in a larger map