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Two arrested in 'Make My Day' shooting

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Contributed by: Douglas County School District on 4/23/2008

Douglas County Sheriff's Office detectives have arrested two adults that they believe were involved with the burglary on April 20 that ended when the homeowner shot the intruder.

On April 20, William Fresch shot and killed Joseph Boone inside of his South Highway 83 home. It was determined that Boone was in fact an intruder and that Fresch was protecting himself under Colorado law when he shot and killed Boone.

Through further investigations, detectives learned that there was a second person on the property when the incident occurred. The female suspect left the scene in a vehicle that belonged to Boone and drove to the Colorado Springs area where she met with Robert Garner and discussed what had just occurred.

The second suspect on the scene has been identified as Cheri Penn, 36, of Colorado Springs. Penn was taken into custody late April 21 for questioning about this incident.

Penn also had a no bond warrant for parole violation out of the Department of Corrections. Late on April 22, Penn was booked in on the following charges:

-- First Degree Burglary/Class 3 Felony
-- Conspiracy/Class 4 Felony
-- Tampering with Physical Evidence

Penn remains in custody at this time.

Robert Garner, 53, of Colorado Springs, was taken into custody April 22 and booked in on the following:

-- Accessory to Crime/Class 5 Felony
-- Tampering with Physical Evidence/Class 6 Felony
-- Obstructing Governmental Operations/Class 3 Misdemeanor

Garner posted a $3,000 bond and was released late on April 22.

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