Colorado's 'Make My Day' law eyed in home shooting

This is a discussion on Colorado's 'Make My Day' law eyed in home shooting within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Under Colorado's "Make My Day" law, people are allowed to use deadly force in self defense against intruders in their home. If you don't want ...

Page 2 of 5 FirstFirst 12345 LastLast
Results 16 to 30 of 67
Like Tree2Likes

Thread: Colorado's 'Make My Day' law eyed in home shooting

  1. #16
    VIP Member Array ccw9mm's Avatar
    Join Date
    Jul 2006
    Location
    USA
    Posts
    24,164
    Under Colorado's "Make My Day" law, people are allowed to use deadly force in self defense against intruders in their home.
    If you don't want to get stopped doing a very good impression of a criminal act (like, breaking into a home via the window at 2am), then don't do that.

    The unfortunate could simply have used the doorbell and a proper means of entry, or used a phone to call a sober family member to pick him up, or just waited it out until he wasn't out of his head. Any number of things would have been non-criminal in appearance. It would probably have saved his life.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, GOA, OFF, ACLDN.

  2. Remove Ads

  3. #17
    Ex Member Array JOHNSMITH's Avatar
    Join Date
    Oct 2008
    Location
    somewhere
    Posts
    1,726
    Oh, I was too high one day so I grabbed my BB pistol and went out and yelled and pointed it at a cop because I was so high. He shot and killed me, the cop should be charged because obviously everyone should be omnipotent and me, being the idiot I am, should be absolved of all responsibility.

    Give me a break. A tragedy? Sure, but maybe his friends should have been you know, friends and made sure he got home okay, especially being as piss drunk as he was.

  4. #18
    Distinguished Member Array Elk Hunter's Avatar
    Join Date
    Jan 2009
    Location
    Colorado
    Posts
    1,300
    See the below link to an article in the local Colorado Springs paper.
    No charges in death of man mistaken for thief | charges, killed, house - Top Stories - Colorado Springs Gazette, CO

    I believe this was a tragedy, everyone says he was a good kid, yea yea good kids don't get drunk and break into other peoples houses. Guess what we all sin and fall short of the glory of God. From the article the home owner did everything he could to get the kid to go away he had no idea he was a "good kid."

    If the link does not work search on Colorado Springs Gazette and you should be able to read the article.

  5. #19
    VIP Member Array David in FL's Avatar
    Join Date
    Nov 2007
    Location
    Central Florida
    Posts
    2,342
    "Make my Day"?!

    Pls tell me that's not how they're referring to a "Castle Doctrine" type law in CO?!

    It seems to intimate that people are sitting at home and hoping to have the chance to shoot someone. I don't see how that can be helpful at all.
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

    Theodore Roosevelt

  6. #20
    VIP Member
    Array DaveH's Avatar
    Join Date
    Feb 2008
    Location
    SW Virginia
    Posts
    5,036
    Quote Originally Posted by cnstman View Post
    Based upon the evidence and a review of Colorado law governing the use of deadly physical force against an intruder, it is the opinion of the District Attorney’s Office that the resident of 3212 Virginia Avenue did not violate Colorado law, and he will not be prosecuted.


    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  7. #21
    Senior Member Array InspectorGadget's Avatar
    Join Date
    Feb 2008
    Location
    Florida
    Posts
    536
    Quote Originally Posted by cnstman View Post
    "It's been our judgement that there has not been a crime that has occurred under the totality of the circumstances," she said.
    I guess breaking and entering is not a crime as long as you are drunk. I just hope the homeowner gets support from his community, and the anti's leave him and his family alone.
    Colt 1911 New Agent, CTLaser

    You do not work for them, they work for you.
    Senators http://senate.gov/general/contact_in...nators_cfm.cfm
    Congressmen http://www.house.gov/house/MemberWWW_by_State.shtml

  8. #22
    New Member Array cnstman's Avatar
    Join Date
    Apr 2008
    Location
    Colorado Springs
    Posts
    4
    I think the homeowners brother (or close relative of some variety) is a retired LEO.

    I feel for the homeowner, the media has been hounding him since this happened, hopefully now his name is cleared, and he can start his healing process.

  9. #23
    VIP Member Array Paco's Avatar
    Join Date
    Mar 2008
    Location
    McKinney, TX
    Posts
    3,493
    Sad story for all involved.

    The homeowner shot someone who was truly in the wrong place with no malicious intent.

    The drunk kid is dead, and his parents get to bury him.

    His "friends" get to live with the fact that a key bucket at the party could have saved his life.

    CO homeowners who chose to defend themselves will be second guessed.
    "Don't hit a man if you can possibly avoid it; but if you do hit him, put him to sleep." - Theodore Roosevelt

    If you are not willing to stand behind our Troops, feel free to stand in front of them!

    -Paco

  10. #24
    Member Array buzzgum's Avatar
    Join Date
    Jun 2008
    Location
    Colorado
    Posts
    209
    Quote Originally Posted by Paco View Post
    Sad story for all involved.

    The homeowner shot someone who was truly in the wrong place with no malicious intent.
    We don't know that he had no malicious intent. We can't ask him, he's dead. If someone did the same thing in my home, the outcome would be the same. I'm not going to wait until he breaks into my home to ask him if he has malicious intents. He was acting irrationally and not thinking. I doubt explaining to him the situation would register in his mind. It might spell my demise. The home owner acted accordingly.

  11. #25
    VIP Member Array cvhoss's Avatar
    Join Date
    Feb 2007
    Location
    Kansas
    Posts
    2,045
    Quote Originally Posted by buzzgum View Post
    We don't know that he had no malicious intent. We can't ask him, he's dead. If someone did the same thing in my home, the outcome would be the same. I'm not going to wait until he breaks into my home to ask him if he has malicious intents. He was acting irrationally and not thinking. I doubt explaining to him the situation would register in his mind. It might spell my demise. The home owner acted accordingly.
    Even if we give Kennedy complete benefit of doubt and accept that he intended no crime, that doesn't override the fact that Parsons didn't know that. As far as Parsons knew, a criminal was breaking into his home and he acted accordingly. It's a shame that Parsons had to go through a month of uncertainty about charges. This should have been a slam dunk within 48 hours. Though the ultimate responsibility for this tragedy falls squarely on the shoulders of Kennedy himself, if there's any contributory negligence in this it has to lie with his so-called friends who say he was too drunk to realize that the house he was breaking into had a totally different style fence around the back yard yet allowed him to drive himself home in his own vehicle.

    Hoss
    Sig 239 SAS 40 S&W / Sig 239 9mm / Kahr PM-9 / Walther PPS .40 / Sig P-245 / Ruger LCP
    Beretta Tomcat / Walther PPK / BDA 380 / Taurus 85 / Kel-Tec PF-9 / Am. Derringer 357

    NRA Life Member
    My Web Site

  12. #26
    VIP Member Array Dal1Celt's Avatar
    Join Date
    Oct 2008
    Location
    Clarksville, TN
    Posts
    2,672
    I have a Guinness every now and then. My days of getting ripped are far behind me. I do remember getting so ripped that my friends took me home and left me on the front lawn after ringing the bell and hauling off. I myself have taken a few of my friends back to thier house as well.

    I think his friends are partialy responsible for anything that happened.

    I never drink when I'm carrying. Only at home (blue moon) when my side arm is put up.
    "Without fear there can be no Courage!"

  13. #27
    VIP Member Array Paco's Avatar
    Join Date
    Mar 2008
    Location
    McKinney, TX
    Posts
    3,493
    Quote Originally Posted by buzzgum View Post
    We don't know that he had no malicious intent. We can't ask him, he's dead.
    I know we can't ask him, but based on what the story states and all of the circumstances it was an assumption on my part. Just another drunk in the wrong place, and he paid for it.

    If someone did the same thing in my home, the outcome would be the same. I'm not going to wait until he breaks into my home to ask him if he has malicious intents.
    Same here, I would not hesitate to defend my home and family.
    "Don't hit a man if you can possibly avoid it; but if you do hit him, put him to sleep." - Theodore Roosevelt

    If you are not willing to stand behind our Troops, feel free to stand in front of them!

    -Paco

  14. #28
    Member Array socal2310's Avatar
    Join Date
    Nov 2008
    Location
    Camarillo, CA
    Posts
    467
    Under Colorado's "Make My Day" law, people are allowed to use deadly force in self defense against intruders in their home.
    I'm sorry, but is anyone else going to call this line for what it is? HorsePatties! This would be a justifiable shooting even in most locales where no explicit Castle Doctrine law is operative. I would have done the same thing as the homeowner in this situation without fear of prosecution even here in Southern California. The only thing that the Castle Doctrine does is provide guidelines where the facts of the case are more ambiguous or to reign in rogue prosecutors who are opposed to justifiable homicide rulings.

    Ryan
    Those who will not govern their own behavior are slaves waiting for a master; one will surely find them.

  15. #29
    VIP Member Array cvhoss's Avatar
    Join Date
    Feb 2007
    Location
    Kansas
    Posts
    2,045
    Quote Originally Posted by socal2310 View Post
    I'm sorry, but is anyone else going to call this line for what it is? HorsePatties! This would be a justifiable shooting even in most locales where no explicit Castle Doctrine law is operative. I would have done the same thing as the homeowner in this situation without fear of prosecution even here in Southern California. The only thing that the Castle Doctrine does is provide guidelines where the facts of the case are more ambiguous or to reign in rogue prosecutors who are opposed to justifiable homicide rulings.

    Ryan
    Can't speak to Colorado's law specifically, but the advantage to most state's castle doctrine laws is that in addition to immunity from prosecution, they also prevent civil lawsuits from the BG's family.

    Hoss
    Sig 239 SAS 40 S&W / Sig 239 9mm / Kahr PM-9 / Walther PPS .40 / Sig P-245 / Ruger LCP
    Beretta Tomcat / Walther PPK / BDA 380 / Taurus 85 / Kel-Tec PF-9 / Am. Derringer 357

    NRA Life Member
    My Web Site

  16. #30
    Member Array socal2310's Avatar
    Join Date
    Nov 2008
    Location
    Camarillo, CA
    Posts
    467
    Quote Originally Posted by cvhoss View Post
    Can't speak to Colorado's law specifically, but the advantage to most state's castle doctrine laws is that in addition to immunity from prosecution, they also prevent civil lawsuits from the BG's family.

    Hoss
    I understand that, but the article was addressing criminal sanctions. Immunity from civil action wasn't even mentioned.

    What I dislike is the impression one could get in reading the article that it would have been unlawful for the man to act as he did prior to the passage of 18-1-704.5.

    Maybe I'm just paranoid, but I see it as another subtle attempt to make those of us who are prepared to use lethal force in self defense as vigilantes or urban cowboys.

    Ryan
    d2jlking likes this.
    Those who will not govern their own behavior are slaves waiting for a master; one will surely find them.

Page 2 of 5 FirstFirst 12345 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Northern Colorado Shooting Areas?
    By gvcandyman in forum General Firearm Discussion
    Replies: 1
    Last Post: July 5th, 2010, 12:58 AM
  2. The emperor is dead (Shooting in Colorado)
    By paramedic70002 in forum Off Topic & Humor Discussion
    Replies: 10
    Last Post: July 19th, 2007, 09:34 PM
  3. The emperor is dead (Shooting in Colorado)
    By paramedic70002 in forum General Firearm Discussion
    Replies: 10
    Last Post: July 19th, 2007, 09:34 PM
  4. Lawyers for defensive shooting in Colorado
    By SoftPoint in forum Concealed Carry Issues & Discussions
    Replies: 6
    Last Post: August 31st, 2006, 04:15 PM

Search tags for this page

alcohol colorado make my day law
,
alcohol use colorado make my day law
,

colorado law, shoot man on property

,

colorado make my day law

,
colorado problems with make my day lawblue
,
colorados make my day law shooting
,
first time to use make my day law in colorado
,
gail warkentin deputy district attorney colorado springs
,
kennedy make my day shooting colorado springs
,
lakewood co make my day shooting
,
make my day law in colorado stories
,
make my day law oklahoma shoot through door
,

make my day shooting in lakewood colorado

,
man shoot make my day law
,
warkentin el paso county district attorney
Click on a term to search for related topics.