In the late hours of a Saturday night in Sedalia, Colorado, a long and troubled family history reached a devastating and final confrontation. Nicholas Huner, a 33-year-old male, was shot and killed on July 1, 2017. The fatal shots were fired by his own father, Frank Leo Huner Jr., who initially reported to police that he had shot an intruder breaking into his home on Elk Canyon Court.
It was only after the shooting that he identified the man as his son.
The events of that night were the culmination of a period of intense strife between father and son. In the months leading up to his death, Nicholas had allegedly threatened to kill his parents, prompting his father to obtain a restraining order against him. Nicholas was also the primary suspect in an arson that had destroyed a mountain home belonging to his father. He was reportedly just days away from being formally charged in that case. His history was further complicated by numerous arrests, many related to drugs, stretching back over a decade.
Following the shooting, Douglas County sheriff's deputies arrived at the Sedalia home around 10:15 p.m. to find Nicholas Huner deceased from gunshot wounds. His father, Frank, was taken into custody and subsequently charged with second-degree murder. He was released after posting bail. The charge was later upgraded to first-degree murder, setting the stage for a dramatic legal battle.
The case, however, did not proceed to a trial in the way one might expect. In a significant turn of events, a judge dismissed the murder charge against Frank Huner in April 2019, citing Colorado's 'Make My Day' law. This law provides legal protection for homeowners who use deadly force against intruders. The judge's ruling followed a hearing where evidence was presented detailing the history of threats and violence, including testimony that on the night of the shooting, Nicholas had broken into the home and was yelling, 'I am going to kill you.' Evidence also indicated that Nicholas was under the influence of alcohol and marijuana at the time. Prosecutors announced their intention to appeal the judge's decision to dismiss the case.
