Prosecutors in Adams County will not file charges against a Thornton man who shot and killed an intruder earlier this month.

Servando Flores, 33, was initially arrested on suspicion of second-degree murder in the Nov. 1 fatal shooting of 23-year-old Edward Tanner Jr.

Chief Trial Deputy Trevor Moritzky said Flores was acting legally — either in self defense or to stop a burglar — when he killed Tanner at the Madison Park Apartments in the 3300 block of East 120th Avenue.

Tanner was pronounced dead at Good Samaritan Hospital.

Thornton police arrested two brothers — Brett Anthony Yamagiwa, 26, and Paul M. Yamagiwa, 24 — who they say also illegally entered the apartment with Tanner. The Yamagiwas face accusations of robbery and other allegations in the break in.

The two brothers and Tanner entered Flores’ apartment and gunfire was exchanged, leaving Tanner dead, police said.

Jesse Paul: 303-954-1733, jpaul@denverpost.com or @JesseAPaul