The man shot and killed may have been an intruder, police say.

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DENVER - Police say the person who was taken into custody following a deadly shooting on Yates Street Tuesday morning has been released pending further investigation.

The crime scene lab remained on the scene until 8 p.m. Tuesday gathering evidence to answer the crucial question surrounding the shooting: Who is at fault?

Denver Police say it's possible the person who was shot and killed may have been an intruder which is why they are investigating if the shooting was in self defense.

Police have not said if the shooter lives at the home where the shooting occurred. If that is the case, under Colorado's "Make My Day" law, 9NEWS legal analyst Scott Robinson says the resident could be protected.

Fatal shooting case may involve self defense. Meagan Fitzgerald reports. 9NEWS at 5 p.m., 03/18/14.

"Colorado's 'Make My Day' law is limited to situations inside the home, but if an individual unlawfully enters the home and it is reasonable to think that they are going to commit another crime and use some force, a homeowner can use deadly force if necessary," Robinson explained.

Police were not specific about the location of the shooting, only that the deceased person was found "on the property."

The name of the person killed has not been released. Police say this continues to be an active investigation.

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