PUEBLO, Colo. (KKTV) – The Pueblo Police Department said a man has been arrested along with a burglary suspect for assaulting the burglar on Thursday.

According to police, officers arrived at the 1700 block of Joliet Avenue after receiving a report of three men beating up another man who was allegedly caught burglarizing a home in the neighborhood.

When officers arrived, they said a man bound with black and yellow duct tape was found in the front yard of the home.

Police said they then learned that the man, 21-year-old Joseph Mares, reportedly broke into a nearby home along with several other people, and three men chased the burglary suspects, catching one in the front yard.

Officers got video surveillance that they said proved one man, 26-year-old Cruz Alarcon, used excessive force while taking the burglar, Mares, into custody.

Police said Mares was admitted to a hospital for minor injuries, and was arrested for second-degree burglary upon release, and Alarcon was arrested for second-degree assault and felony menacing with a real or simulated weapon.

“In Colorado, a citizen’s arrest is permitted under C.R.S. 16-3-201, but only when a crime is committed in the citizen’s presence. This means the citizen must personally witness the crime or have probable cause to believe it is ongoing or just completed. If these conditions are met, a private citizen can use reasonable force to make the arrest and prevent escape,” Pueblo police said.

They added that making an illegal citizen’s arrest can lead to charges including assault, false imprisonment or kidnapping.

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