Jury trial begins for Pueblo County man charged with shooting and killing neighbor
A Pueblo County man is standing trial in the October shooting death of 73-year-old Patti Magby. Jury selection began Monday.
Max Struck, 35, is accused of first-degree murder after deputies say he fatally shot Magby at his residence on Bergemann Road on Oct. 21.
Struck told investigators that he shot an intruder, later identified as his neighbor Magby, after giving several warnings to leave the property.
Struck and his attorneys argued in a December preliminary hearing that Struck acted in self-defense. In a statement to the court, Tilyn Bell, an attorney for the Colorado State Public Defender's Office, argued that Magby was trespassing on Struck's property despite a no trespassing sign, no invitation to be on the property, and multiple warnings to leave or be fired upon.
In a recorded 911 call played during the December hearing, Struck told a dispatcher on the night of the shooting that he was sitting in his driveway when he saw lights come on in his home.
Bell also argued that Struck did not act knowingly to kill Magby, and had simply intended to scare the unknown intruder away from his property.
"(First degree-murder) is appropriate for a boogeyman waiting in the bushes, or a wife who plots to kill her husband for the insurance money," Bell argued at the hearing. "It is certainly not appropriate for a homeowner who is defending his home against an unknown intruder."
Past reporting on this case: Pueblo County Sheriff's Office says homicide suspect admitted to firing gun at neighbor
In the 911 call, Struck said he saw the intruder circle around the side of the house, taking pictures of his property.
He told the 911 operator he yelled at the intruder to leave before going into his house and arming himself with a 9mm pistol, before exiting a patio door and yelling again for the intruder to leave his property.
Struck stated in the call that the unknown intruder replied, "Well, come here," at which point he said he fired into the darkness.
Struck told the operator he had no idea what the intruder looked like or who it was, and that it was too dark in the yard to see whether he had hit anything when he fired his weapon.
Magby's body was found in the backyard of the house with a bullet wound to the stomach and another to the leg.
A firearm was found on top of Magby's car, although not on Magby's person. Inside Magby's vehicle, deputies say they found open bottles of alcohol, according to an arrest affidavit authored by the PCSO.
Although Magby's cellphone did have exterior photos of the Struck residence, PCSO detective Steven Chavez wrote in the affidavit there was no evidence she ever entered the home.
Neighbors of Magby told deputies there was a "change in the atmosphere" of the neighborhood when Struck and his partner moved in, according to the affidavit.
One neighbor told investigators about a previous encounter with Struck in which he claimed Struck sat in his vehicle in the neighbor's driveway, blocking property access, and refused to move. The neighbor claimed when he asked Struck to move, Struck replied, "How do you know I ain't going to shoot you?" At that point, the neighbor said he produced a firearm of his own and Struck sped away down the road.
The incident was previously documented by the sheriff's office, according to the affidavit.
Struck's trial is scheduled for just over two weeks with an end date of June 26, according to the 10th Judicial District court docket. Struck is currently being held at the Pueblo County jail without bond.
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This article originally appeared on The Pueblo Chieftain: Pueblo County man stands trial in October shooting death of neighbor
