Liquor-store owner won't be charged in shooting

No charges will be filed against a Colorado Springs liquor store owner who shot and killed an armed robber, prosecutors said Monday.

Charles Kellogg was within his rights under Colorado law to shoot Gibran Gayton, 21, 4th Judicial District Attorney John Newsome said.

“I’m elated,” Kellogg said Monday of Newsome’s decision, declining further comment.

The shooting happened Nov. 27 at Kellogg’s Jet-Way Liquors, 1645 Jet Wing Drive.

Gayton, whom Colorado Springs police named a suspect in a string of armed robberies dating back to at least Nov. 20, went into the store just before 5 p.m. Nov. 27. He pulled out a semiautomatic weapon and demanded money, according to a news release from Newsome’s office.

Kellogg reached under the counter, got his handgun and shot Gayton once in the chest, the release states. Gayton was pronounced dead at a hospital less than an hour later.

Gayton’s gun had a bullet in the chamber and more rounds in the magazine, the release states.

“I can find no violation of Colorado law by Mr. Kellogg which would justify prosecution,” Newsome said in the statement. “The factual circumstances presented here indicate Mr. Kellogg exercised a legal right of self-defense.”