Prosecutor will not file charges against man in Berthoud shooting incident
Wednesday, Sept. 23, the Larimer County district attorney’s office revealed that it would not file formal criminal charges against a man who was arrested on suspicion of murder in a fatal shooting that took place in Berthoud earlier in September.
Brandon McLaughlin, 37, was arrested Sept. 5 based upon probable cause by deputies from the Larimer County Sheriff’s Office. McLaughlin was accused of first-degree murder in the shooting death of Edward Brooks Kreutzer, 37, of Johnstown. Kreutzer died of multiple gunshot wounds and his death was ruled a homicide by the Larimer County coroner. McLaughlin had been granted a $100,000 bond.
A press release sent out by the district attorney’s office explained the decision to forgo pressing charges at this time involved the possibility that McLaughlin’s acts were in self-defense. The statement continued by saying, “The People require additional information to determine whether the defendant acted in justified defense of himself or another (affirmative defense), and if not, whether the defendant acted with intent and after deliberation (required for murder in the first degree).”
According to the law, a person commits the crime of murder in the first degree if, after deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or another person. A person commits the crime of murder in the second degree if the person knowingly causes the death of a person.
To convict an individual of first or second-degree murder, prosecutors must not only prove beyond a reasonable doubt all elements of the applicable offense but must also prove beyond a reasonable doubt that the defendant was not acting in defense of himself or another person.
Additionally, the district attorney’s office said further investigation and forensic testing continue in the case; however, final laboratory results are not expected for several weeks.
The Larimer County Sheriff’s Office continues to investigate this incident and will follow up on any leads. If you have any information regarding this incident and have not had contact with investigators, LCSO requests you contact Investigator Justin Atwood and 970-498-5143.
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