'This is a horror movie scenario': Homeowner, 73, accidentally killed by police had shot naked home intruder who was trying to drown his 11-year-old grandson in a bathtub

  • Richard 'Gary' Black, 73, was killed after police burst into his suburban Denver home at about 1.30am on Monday??
  • A family attorney says Black had just shot the naked intruder who was trying to drown his 11-year-old grandson in the bathtub
  • When the cops responded to the 911 call of a break-in they mistook Black for the intruder and shot him dead
  • Police later discovered the dead body of the intruder at the home
  • 'This is a horror movie scenario,' said Siddhartha Rathod, a family attorney?
  • 'This is a very heartbreaking and tragic situation,' police said
  • Elisa Black-Taylor, his half sister, said Black had died a 'hero' saving his family?
  • 'He will be remembered as a hero, both for his service to his country as well as to the family who loved him'
  • Black was a Vietnam veteran who won both the Purple Heart and a Bronze Star?
  • The officer who shot the resident has been placed on administrative?leave?

The elderly homeowner, accidentally killed by police responding to a break-in at his suburban Denver home, had shot a naked home intruder who was trying to drown his grandson.

Richard 'Gary' Black, 73, a decorated Vietnam war hero, opened fire after he found the stranger trying to drown the 11-year-old boy in the bathtub.?The home invader, who has not been identified, died at the scene.

Moments later police, responding to a 911 call, turned up and shot dead Black after mistaking him for the intruder.

'This is a horror movie scenario,'?said Siddhartha Rathod, an attorney representing Black's family, told the Denver Post.

'There's no question Mr. Black is a hero, that Mr. Black saved his grandson's life. This truly is a tragedy.'

Richard 'Gary' Black, 73, was killed after police burst into his suburban Denver home at about 1.30am on Monday

Richard 'Gary' Black, 73, (right, and left with his wife Jeannette) was killed after police burst into his suburban Denver home at about 1.30am on Monday

Black, his wife of 39 years Jeanette, his stepson and grandson were all asleep when the intruder broke in?at around 1.30am on Monday morning.?

A naked, unidentified man, who is believed to have come from a nearby house party, broke into the?Montview Boulevard home.?Others from the party followed him and also entered the house, according to Rathod.?

Qusair Mohamedbhai, another attorney representing Black’s family, said the man grabbed Black’s grandson, who was sleeping on a couch, and dragged him to a bathroom.?

Black and the boy’s father tried to pull the attacker off the boy, even smashing a vase over his head, but when nothing worked, he ran and grabbed his 9mm handgun.

The 73-year-old,?who had a concealed carry weapon permit, shot the intruder dead, whose body was later found by police in the bathroom.?

Several family and neighbors had called 911, including Black's wife Jeanette, who gave dispatchers a very specific description of her husband and what he was wearing.

Police arrived and the stepson was in the bathroom with the child and Jeannette was outside on the phone, speaking to 911 dispatch, when they heard gunshots.

Black was standing in his living room when he was hit by gunfire, Rathod said.

But the family attorney says that it appears the cop didn't even enter the home when he opened fire and shot the homeowner. Black died in hospital that same day.

The grandson was taken to hospital for serious but non life threatening injuries and Jeannette was also taken for treatment on a wound that reopened during the chaos.?

Black, and his stepson?Chad Hayashi, woke up to find Harper strangling the homeowner's grandson on the bathroom of their suburban Denver house (pictured is an officer, in protective gear, at the scene of the shooting on Tuesday)

Aurora police received multiple calls about a break-in at the suburban Denver home (pictured) at about 1.30am on Monday

Hayashi says his stepfather was shot dead by an officer, who opened fire through the front door of the?East Montview Boulevard home (investigators are picture at the house on Tuesday)?

An Aurora Police Department officer walks down the sidewalk as another officer in protective gear loads a box truck in front of the home of a man who was shot and killed by police

Officers were seen smiling and chatting at the scene where a fellow cop, who still has not been named, shot dead Black

Officers are seen smiling and chatting at the scene where a fellow cop shot dead the resident?

Police are now investigating the fatal police shooting and will be reviewing officers'?body camera footage to better understand what occurred.

The officer who killed Black has been placed on administrative reassignment with pay.

Aurora Police Chief Nicholas Metz released a statement on Facebook page Tuesday, calling the?investigation 'extremely complex.'?

'In order to conduct a comprehensive investigation, we continue to methodically collect evidence, interview witnesses, and review all available recordings, to include the body worn cameras of all involved officers.'?

He described the shooting as 'a very heartbreaking and tragic situation for everyone involved.

'We are providing assistance through our victim advocates to help the family of the deceased resident through this very difficult time.'

But the family are demanding answers to why?Black, described as a long-time resident, grandfather and retired family man, who was often seen tending to his front gardens,?was killed by police.

'Aurora is going to need to come out and say what happened,' Rathod said.

Black fought in the war in Vietnam where he received a Bronze Star and a Purple Heart for his bravery (pictured receiving the awards in 1960s) and where he also suffered damage to his hearing?

Black, who grew up in Anderson, South Carolina, graduated from The Citadel and fought in the war in Vietnam where he received a Bronze Star and a Purple Heart for his bravery (pictured receiving the awards in 1960s

Family, friends and neighbors are devastated by the police-shooting of the decorated war hero and father-of-three.

Elisa Black-Taylor, his half sister, said Black had died saving his family.

'I've chatted with his daughter and she says he saved his family when an intruder broke into his home,' she explained.?

'He will be remembered as a hero, both for his service to his country as well as to the family who loved him.'

Neighbors were furious over the shooting.

'It's sad and screwed up,' Brad Maestas, who has known the family for 34 years, told the Denver Post.

'He was a family man — a grandpa that was protecting his family. It's messed up.'

Black, who?grew up in Anderson, South Carolina, graduated from The Citadel and fought in the war in Vietnam where he received a Bronze Star and a Purple Heart for his bravery.?

According to state records, he later held a license as a certified public accountant in Colorado from 1999 to 2008.?

Cops gunned down Black in his own home after he shot an intruder and called the police (police at the scene)

Cops gunned down Black in his own home after he shot an intruder and called the police (police at the scene)

When officers burst into the home, they shot the homeowner, described as a long-time resident, grandfather and retired family man, who was often seen tending to his front gardens

When officers burst into the home, they shot the homeowner, described as a long-time resident, grandfather and retired family man, who was often seen tending to his front gardens

Police blocked off the street outside the home where the shooting occurred on Tuesday

Police blocked off the street outside the home where the shooting occured

He came from a military background and his father was a Staff Sgt. during WWII who fought at the Battle of the Bulge.?

'He was a wonderful family man who loved spending time with his grandchildren and caring for his garden,' added his half sister.??

An investigation is now underway, by the Aurora Police Major Crimes Unit and Denver Police Department.?

The 17th Judicial District Attorney's Office also released a statement saying that they will determine whether the officer involved in the shooting should face criminal charges.?

The shooting marked the second deadly encounter involving Aurora police in three days.

On Saturday night, officers shot and killed a man who drove toward them, hitting several of their vehiclesBlack became a federal agent for the Internal Revenue Service,

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