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DENVER (KDVR) — A 44-year-old man was convicted of second-degree murder after shooting and killing a woman who was allegedly throwing rocks at his truck.
Following a four-day jury trial, John David Thoren III was convicted on Friday of second-degree murder and violent crime/use of a weapon.
The case stems from a shooting that took place in the overnight hours on Oct. 28, 2022.
According to the 18th Judicial District Attorney's Office, Thoren was sleeping in his semitruck at a parking lot on South Parker Road in Arapahoe County. At around 2:30 a.m., he awoke to a woman, whom he did not know, allegedly throwing rocks at the driver's side of his truck.
Thoren said he told the woman to stop and then flashed her a gun. According to the DA, Thoren said that he cracked open the door and said that if the woman didn't stop throwing rocks she would be shot.
The DA said the woman was identified as 46-year-old Rachel Holmes. She was shot with a 9mm gun and pronounced dead on scene.
Thoren called 911 to report the shooting, but the DA said he never rendered aid to Holmes. He told investigators he was scared for his safety and admitted to shooting the victim.
“My number one intention was to protect myself. That was my intent, whatever I had to do to do it. That was what I was thinking,” said Thoren, according to court documents obtained by FOX31.
However, the DA said officers found minimal damage to his semitruck. When they told Thoren, he said he was “surprised” there was no damage, according to court documents.
“Instead of driving to a safe location or calling 911 to report someone throwing rocks at his
truck, the defendant decided to take matters into his own hands by confronting the woman with a gun and pulling the trigger,” Senior Deputy DA Michael Mauro said. “Based on the facts of this
case, deadly use of force was not justified.”
Thoren will be sentenced on July 22.
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