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OREM — A man shot and killed by an Orem homeowner after he was found in a garage was allegedly holding a bicycle pump when he was shot several times, according to new court documents.
On Oct. 15, just after 7 a.m., a 33-year-old man at 364 N. 800 West heard a noise coming from his unattached garage, according to police. The homeowner went back inside his house and retrieved a small-caliber handgun, then went outside to the garage.
Just as Marcos Vasquez Rosales, 49, was leaving the garage, he was confronted by the homeowner.
According to a newly unsealed search warrant in 4th District Court, the homeowner saw Rosales "carrying what appeared to him to be an 'ax' and as he was walking toward (the homeowner), not stopping and lifting the 'ax' in the area at him."
The homeowner fired several shots, striking Rosales twice in the abdomen and once in the shoulder, the warrant states.
"When the suspect male fell to the ground from the gun shots, the male dropped a bike pump," according to the warrant.
The homeowner called 911. Rosales later died at a local hospital.
At least four shell casings were recovered from the scene, the warrant states.
Rosales lived just south of where the shooting took place. He was convicted of misdemeanor shoplifting in June and intoxication in 2013, according to court records.
The homeowner was not arrested. Police said at the time that there was no information to suggest the homeowner was not within his right to defend himself with deadly force.
The incident will be sent to the Utah County Attorney's Office to decide whether charges should be filed.