DA: No Charges In Fitchburg Intruder Shooting

Officials Release 911 Call Recording

Updated: 10:44 am CDT September 19, 2009

The Dane County district attorney said Friday that he will not seek charges against a Fitchburg man who shot and killed an alleged intruder of his parents' home.

articleLISTEN: Hear Chen's 911 Call

Fitchburg police said that Jamie Chen shot and killed 41-year-old Roberto Vega-Gil after Vega-Gil broke into the home on Osmundsen Road in Fitchburg just before 2 p.m. Wednesday. Police said that they believe Vega-Gil was intent on burglarizing the home.

"(Chen) cooperated fully with police and what he said does match up with what we find at the scene," said District Attorney Brian Blanchard. "He called 911 first; he was extremely cooperative with police; he gave a version of events that was consistent."

Also on Friday, Dane County officials released a recording of a 911 call from Chen after the shooting.

Police said the homeowners weren't at home when the incident happened, but their 42-year-old adult son, Jamie, was. The chilling 911 call recordings shed new light on exactly what happened after Chen pulled the trigger.

"Somebody just broke into my house!" Chen told the 911 dispatcher. "He came after me ... and I shot him!"

Chen told the dispatcher that he was in his bedroom when he heard a loud noise downstairs. He said that when he opened his bedroom door, he saw Vega-Gil. Chen described Vega-Gil as a "big guy," who was running up the stairs towards him.

About five minutes after the call, police officers were at house, where Chen met officers outside in the driveway.

Police said they don't believe Vega-Gil was armed. Neither man spoke before Chen fired, authorities said.

Vega-Gil was pronounced dead at the scene by the Dane County Coroner's Office.

Investigators said that they don't believe the shooter and Vega-Gil knew each other. They said Chen has been cooperating with the investigation and that the shooting appears to be an act of self-defense.

Police said Chen isn't under arrest and is currently staying with family.

"Roberto Vega-Gil likely intended to burglarize the home," said Lt. Chad Brecklin, of the Fitchburg Police Department. "There was forced entry to a lower-level patio door. Vega-Gil was also wearing gloves when he broke into the home."

Police said Vega-Gil has a lengthy criminal history -- both in Wisconsin and in Florida. Vega-Gil had previous convictions in Florida for aggravated stalking, burglary while armed, carrying a concealed weapon, theft, and possession of burglary tools dating back to the mid 1980s, police said.

Stay tuned to WISC-TV and Channel 3000 for continuing coverage.

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