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; Charge his friends with manslaughter they allowed him to drink til he was obviously drunk and then allowed him to leave as he was too ...

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

  1. #31
    VIP Member Array dukalmighty's Avatar
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    Charge his friends with manslaughter they allowed him to drink til he was obviously drunk and then allowed him to leave as he was too drunk to know what he was doing.I'm sure he didn't walk to his demise.Maybe had he been more responsible and not tried to break into anything he wouldn't be dead,It's always somebody elses fault
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  3. #32
    Senior Member Array KenInColo's Avatar
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    "It gets murky if the door is broken but not open," he said. Prosecutors also must consider whether Kennedy was warned before being shot.
    It's not at all "murky". Even attempting to force entry, one is guilty of B&E.

    IMHO, this one is a good shooting.
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  4. #33
    Member Array ChiWeiSz's Avatar
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    Friends don't let friends drive drunk.
    Friends don't let friends not recognize their own street name.
    Friends don't let friends who cannot distinquish a [B]wood[B]fence from a [B]chainlink[B] fence go home alone.

    Burn the friends.
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    Shivering in the "heat"
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  5. #34
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    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
    Emphase added.

    Bingo

    That's why we need one here in Virginia
    Last edited by DaveH; January 28th, 2009 at 06:56 PM. Reason: posted too soon
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  6. #35
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    Quote Originally Posted by dukalmighty View Post
    Charge his friends with manslaughter they allowed him to drink til he was obviously drunk and then allowed him to leave as he was too drunk to know what he was doing.
    Bingo #2
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  7. #36
    Distinguished Member Array P7fanatic's Avatar
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    Quote Originally Posted by archer51 View Post
    Agreed, initial report sounds like a good shooting. Not sure I like the idea of having to warn someone first. Gives up the tactical advantage of location in my opinion. Forcible entry or attempt at it is asking to get ventilated.
    And maybe the prosecutor wants there to be at least a 1:35 time lag before shots can be fired after the warning. Ya think?

    Breaking down a door, and they're talking about whether he was inside or outside the house. Sounds like forcible entry to me.
    Too bad he lives in Colorado.



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  8. #37
    Senior Member Array dldeuce's Avatar
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    Let me get this straight. He's so drunk he can't find his way home to within a block of his house? He's so drunk he calls it close enough and tries to enter someone else' house? He's so drunk that rather than using his key or knocking on the front door, he breaks a window on the back door? He's so drunk he gets "killed outside a house he mistakenly thought was his?" Yeah right!

    I've got a simpler explanation. He was so drunk, he thought he could get away with robbing one of his neighbors. No matter how drunk he was, he was dead wrong.

  9. #38
    Member Array tflhndn's Avatar
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    Quote Originally Posted by socal2310 View Post
    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
    Why is it that so many people equate self defense (or even more so, defense of others) with vigilantism?
    As far as I understand it (Meriam-Webster backs me up on this) a vigilante seeks to punish crime outside of the exisiting legal system, whereas legal self defense and defense of others has nothing to do with punishment, but with the immediate protection of the innocent.

    Is it just me, or does this not seem to be a huge difference between the two?

  10. #39
    Ex Member Array JOHNSMITH's Avatar
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    There is indeed a very large difference.

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    The question is whether the homeowner is guilty of a crime. So the only question that's relevant is what his state of mind was at the time of the shooting. Exactly like a LEO who shoots thinking a detainee has a gun when he hears a noise that sounds like a round being chambered in that gun. The question is whether he had a good faith belief, reasonably formed on the basis on objective fact. Who cares why the intruder was trying to get into the house? The simple fact is that an intruder was trying to get into the house.
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  12. #41
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    I just watched the story of FOX NEWS-KELLY's COURT. It was debated fairly. In the end, Kelly said the most important part. If the kid had not been so drunk this could have been avoided. She also said that the LAW was followed. Kelly said that it was not the Prosecutors job to write the law, just enforce it. She stated "if you don't like the law, change it, but don't blame the prosecutor". It was very fair reporting. I think I like Kelly!

  13. #42
    Member Array flyflyfun's Avatar
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    Quote Originally Posted by trapper T View Post
    I just watched the story of FOX NEWS-KELLY's COURT. It was debated fairly. In the end, Kelly said the most important part. If the kid had not been so drunk this could have been avoided. She also said that the LAW was followed. Kelly said that it was not the Prosecutors job to write the law, just enforce it. She stated "if you don't like the law, change it, but don't blame the prosecutor". It was very fair reporting. I think I like Kelly!
    Just saw it as well, good reporting! Does someone have an email address for the DA? Would like to send along a thank you.

  14. #43
    VIP Member Array mcp1810's Avatar
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    What I would like to see now is a nice civil action brought against his drinking buddies ( or at least the host of that shin dig) by both the home owner and the family of the deceased.
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  15. #44
    VIP Member Array cdwolf's Avatar
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    Quote Originally Posted by dukalmighty View Post
    Charge his friends with manslaughter they allowed him to drink til he was obviously drunk and then allowed him to leave as he was too drunk to know what he was doing.I'm sure he didn't walk to his demise.Maybe had he been more responsible and not tried to break into anything he wouldn't be dead,It's always somebody elses fault
    The friends may have been hammered also, but decided to crash. Why blame anyone. There is personal responsibility and the one breaking the law faced a side-affect.
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  16. #45
    VIP Member Array cvhoss's Avatar
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    Quote Originally Posted by mcp1810 View Post
    What I would like to see now is a nice civil action brought against his drinking buddies ( or at least the host of that shin dig) by both the home owner and the family of the deceased.
    From conflicting reports, I haven't been able to determine if there was a "host" to this party. In post #1, the report says:
    His friends said he was in no condition to notice the difference after an evening of drinking and watching the Denver Broncos game at a friend's house.
    In post #14, the report says:
    According to witness statements, Sean Kennedy had been drinking alcohol with friends at a local golf course just prior to this incident.
    I'm leaning toward believing the report in post #14 as it appears to be a much more detailed, follow-up type report but I can't be certain. As far as the homeowner is concerned, where he got drunk doesn't matter. He shot someone trying to break into his home. But if a bartender served him enough alcohol for his BAC to reach over 3 times the legal limit well, in today's litigious society, I'm glad I don't own that bar.

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