Prosecutors Won't Charge Arizona Homeowner in Intruder Shooting

Prosecutors will not file charges against a southern Arizona homeowner who shot and killed an alleged intruder in August, officials announced Saturday.

The decision follows an extensive review by the Cochise County Sheriff’s Office and the Cochise County Attorney’s Office regarding the death of 67-year-old Daniel Elzy. The shooting occurred on Aug. 30 in a neighborhood in Saint David, a small town located just south of Benson, azfamily.com reported.

At the time of the incident, the homeowner was inside the residence with his family, including two small children, according to the sheriff’s office. After hearing a window break, the homeowner checked his home security system and saw someone standing just outside the property.

The homeowner told deputies that he saw a shadow near a window that appeared to be someone attempting to enter the home, prompting him to fire. Benson police officers arrived at the scene to find Elzy lying outside the window; despite medical efforts, he died at the scene, authorities said.

The legal determination hinges on the application of Arizona’s “Castle Doctrine.” Under Arizona law regarding the use of force, a person in lawful possession of a property may use deadly physical force against someone committing or attempting a criminal trespass if a reasonable person would believe it is immediately necessary to prevent or stop that trespass.

However, the law specifies that such force is only justified when used in defense of the homeowner or another person. Investigators spent several months weighing these statutes alongside Arizona’s specific rules on self-defense and the defense of others before reaching their conclusion.

Cochise County Attorney Lori Zucco emphasized that the decision was driven by the legal standard rather than public sentiment.

“The legal process requires that decisions be made based on evidence and the law, rather than emotion or speculation,” Zucco said. “We believe that standard has been met in this matter.”

Zucco added that the findings, forensic evidence, and the state’s laws on justified force demonstrated that charges against the homeowner were not warranted.

Cochise County Sheriff Mark Dannels characterized the event as a tragedy while defending the impartiality of the investigative process.

“Our job is not to reach a popular conclusion, but to reach the appropriate conclusion supported by facts and evidence,” Dannels said.

The sheriff’s office said that the review was intended to be thorough and impartial. Both the sheriff’s office and the county attorney’s office expressed their condolences to the family of Daniel Elzy.

With the conclusion of this review, the case is now closed and no further legal action will be taken against the homeowner.