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Murder of Xavier Daniel Kirk

Orest Schur heard his car alarm going off at around 11 pm on July 5th, 2023. He saw two teens trying to break into his Hyundai.

Spooked by the alarm, the teens hopped into a stolen vehicle they were driving and took off.

Schur’s wife called 911, while he made the fateful decision to hop into the Hyundai and go looking for the teens. After driving around the block, he spotted them. They drove off, and he gave chase while shooting at them.

The juveniles crashed, and they ran from the vehicle as Schur continued shooting.

When the smoke cleared, Schur had fired 11 shots, leaving 14-year-old Xavier Daniel Kirk dead from gunshot wounds to the back and head.

13-year-old Quavon Mosley was hit in the back but ran to a relative’s home for help. He was taken to the hospital and survived.

When police showed up at the scene, Schur told them the teens fired at him first, but there was no evidence that the teens had a weapon.

Schur was arrested and hit with second-degree murder and attempted second-degree murder charges.

Legal Proceedings

He went to trial in June 2025, hoping the jury would buy his self-defense story, but they saw him as a vigilante, and he was convicted on both charges against him. According to CBSNews, the 29-year-old was facing 26 to 80 years in prison, 16-48 years for the second-degree murder conviction, and 10 to 32 years for the attempted murder conviction.

He returned to court on August 15th, 2025, for an emotional sentencing hearing that saw relatives of the victims speak. When Schur spoke, he apologized for his actions.

The judge had the final word and felt Schur should have known better since he served in the Army, where he went to Afghanistan, and he was a US Space Force sergeant at the time of his arrest.

The judge sentenced him to 36 years for second-degree murder and 18 years for attempted second-degree murder. The sentences are mandated to run consecutively.

Phil Mickelson Reacts

This case was trending on social media, with some feeling the punishment was appropriate and others feeling Kirk got what he deserved for trying to steal Schur’s vehicle.

Phil Mickelson was the most high-profile person to comment on the case, saying, “How is this happening? The victim is sentenced to prison. Here’s a thought for anyone not wanting to get shot, don’t steal.”

He also said he hopes Schur is pardoned.

People responded to his tweet telling him that the car was not stolen and the Schur shot at them when they were trying to escape, but that didn’t sway Mickelson into feeling sorry for the victims.

Possible Release Dates

He is locked up in Crowley County Correctional Facility in Crowley County, CO. He’ll have his first parole hearing in September 2060. If he serves his complete sentence, he will be released in December 2078 when he is 82 years old.