Case Closed: No charges filed in shooting that left woman dead

By: Tim Ciesco Email
By: Tim Ciesco Email
The Mesa County District Attorney says he will not file charges in a deadly November shooting after officially ruling the case an act of self defense.

shooting

MESA COUNTY, Colo. (KKCO) - The Mesa County District Attorney says he will not file charges in a deadly November shooting after officially ruling the case an act of self defense.

Officials say sadly the incident stemmed from a minor neighborhood dispute and District Attorney Pete Hautzinger says while he does not condone using guns to deal with these kinds of arguments, he could not in good conscience file charges against a man who believed his life was in danger.

Officials say during the late night hours of Oct. 31, 42-year-old Crystal Nash was having a party at her home on Colorow Drive, where Mesa County Sheriff's Deputies were called after receiving reports that a domestic violence incident may have been taking place there. They eventually left after not finding any evidence that a crime took place.

Officials say after deputies were gone Nash, who was drunk, went to confront her neighbor Tom Jarvis, thinking he was the one who called them. They say she took a 9 mm handgun with her as she walked to his home on Rood Avenue.

Jarvis told investigators she pounded on his door and when he opened it and saw she was carrying a gun, he reached over to a stand near his door and grabbed a 22 mm handgun.

Officials say Jarvis asked Nash if she had a gun and told her to put it down. Nash told him she did have a gun and she was going to use it. When she brought it across her body, Jarvis fired nine rounds from his gun, all of which hit her.

He told deputies when she raised her gun, he thought he was going to die, and that's why he fired first.

"We're talking a gun pulled out and pointed and someone using a gun to respond to it," says Hautzinger. "I certainly cannot say that that's an unreasonable amount of force to use to defend yourself."

Another man who followed Nash and tried to stop her was injured during the shooting, but was treated and released from the hospital shortly thereafter.

Nash's autopsy revealed her BAC was .184, more than twice the legal limit.

Hautzinger says Colorado's "Make My Day" law did not apply to this case because there was no evidence that Nash was in Jarvis' home illegally but that Colorado's self-defense law did apply. For charges to have filed in this case, he would have had to prove that Jarvis had no reasonable belief that his life was in danger.


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Comments are posted from viewers like you and do not always reflect the views of this station.
  • by Sonya Location: Grand Junction on Dec 19, 2009 at 10:09 PM
    You know the other day I had a dog run up at me barking aggressively at my 2 year old and I scared the crazy dog off just by yelling and showing no fear. Sure if it got any closer than it did I may have had to kick it in the head and still showed no fear. As for ever thinking about killing the dog or shooting it, the thought never crossed my mind. As for a human life I would presume staying in my house w/ my family w/ the police on the phone THE WHOLE TIME this person was outside. If I choose to draw my gun then I would only use it if the person broke the thresh hold and was obviously threatening my life, then maybe I would have to use arms. I prefer fighting with my fists. A wise man once told me to shoot the gun off in the air to scare someone. Besides we all know that the person who did the shooting has to live with this decision and it could cause PTSD, night terrors and other unfortunate mental conditions. Then what happens when the shooter becomes crazy? Smarty.
  • by Dave Location: Grand Junction on Dec 13, 2009 at 11:48 PM
    Well I'd like to see the 22mm pistol used. As for shooting someone 9 times, if they don't stop after the first 8, then reload and pop them again.
  • by Dave Location: Grand junction on Dec 12, 2009 at 05:56 PM
    I'd sure like to see that 22mm weapon he used, it bigger than the cannons on our fighter aircraft.
  • by cliftonmama Location: clifton on Dec 11, 2009 at 03:25 PM
    Right on cliftonian..... there is more to this story...
  • by Steve Location: Clifton on Dec 11, 2009 at 11:24 AM
    Whoo! cliftonian must be another victim of TJ Hooker! I am sure cliftonian must be an expert marksman and able to shoot the gun out of someones hands but most people can't shoot that well, especially under stress. Also, as far as I know, most homes aren't bulletproof. Also, there was another person present with the woman so how is Jarvis supposed to know he was not intent on helping the woman. Why don't you go grind your axe somewhere else.
  • by mike Location: GJ on Dec 11, 2009 at 10:09 AM
    Why 9 times? Guess he didnt want to change clips. The first rule they teach in self defence is to shoot to kill. So I support the DA's decision not to file charges in this case. I know if someone showed up at my house acting agressively I too would put them in the ground, however I have a high capacity mag for my .45 so there would me more holes in them. When confronted by someone that wants to harm you or your family,Only call 911 for them to come clean up the mess.
  • by cliftonian Location: clifton on Dec 10, 2009 at 09:01 PM
    Honestly, 9 times? NINE TIMES? How could our D.A. not find something wrong with this? If he had the time to grab a gun, why couldn't he have closed the door and called the police? He had time to speak with her and ask her if she had a gun? And then he had to go grab a gun? There is something VERY fishy about this. The Jarvis family is a well known, long time GJ family who are known for their cache of weapons and have a reputation in this town. If this were anyone else they would be in jail facing first degree murder charges. How could anyone in good moral judgment shoot a drunk woman NINE times? Obviously there is a lack of morals by both Tom Jarvis and Pete Hautzinger. Someone should find out what's really going on. We'll see if the Park Ranger, who had due cause, will skate by like Tom Jarvis has.
  • by cliftonian Location: clifton on Dec 10, 2009 at 08:21 PM
    Why would he NOT get charged for shooting to kill? The idea would be to wound her and take her gun away, especially with how intoxicated she was. Is this because he's a Jarvis and everyone is afraid of the Jarvis family? Honestly, how could he get away with this? She wasn't even in his house!!! GROW SOME BALLS MR. D.A.!!!!
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