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 Liquor store owner cleared in deadly shooting The liquor store owner who shot and killed a man trying to rob him last week will not face charges. The final determination was announced Monday by El Paso County District Attorney John Newsome.
The owner of Jet Way Liquors on Jet Wing Dr., Charles Kellogg, was faced with a gun-toting robber on Nov. 27. Kellogg pulled a gun and shot the suspect in the chest. He died less than an hour later at Memorial Hospital. The would-be robber has been identified as Gibran Gayton, 21. His gun was recovered at the scene and contained a live round in the chamber. CSPD detectives later linked Gayton to several recent robberies in Colorado Springs.
Given the circumstances, Newsome defended Kellogg's actions, "I can find no violation of Colorado Law by Mr. Kellogg which would justify prosecution. The factual circumstances presented here indicate Mr. Kellogg exercised a legal right of self-defense and will not be prosecuted."
Springs police have arrested an alleged accomplice of Gayton. Marsha Mallory is charged with accessory to attempted aggravated robbery. Police say she drove Gayton to Jet Way Liquors.
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