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 ...
Array
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
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .
Array
It's not at all "murky". Even attempting to force entry, one is guilty of B&E."It gets murky if the door is broken but not open," he said. Prosecutors also must consider whether Kennedy was warned before being shot.
IMHO, this one is a good shooting.
An armed populace are called citizens.
An unarmed populace are called subjects.
Array
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.
Trying to leave as large a carbon footprint as possible.
Shivering in the "heat"
Innocent as doves, wise as serpents, armed like wolves.
Emphase added.Originally Posted by cvhoss
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
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
Bingo #2
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
Array
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.
"The price of freedom is eternal vigilance." -Thomas Jefferson
"Liberalism is a Mental Disorder." -Michael Savage
GOOD Gun Control is being able to hit your target! -Myself
Array
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.
Array
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?
Array
There is indeed a very large difference.
Array
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.
Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com
Nothing I say as "user" should be taken as either advertising for attorney services or legal advice. Legal questions should be presented to a competent attorney licensed to practice in the relevant state.
Array
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!
Array
Just saw it as well, good reporting! Does someone have an email address for the DA? Would like to send along a thank you.
Array
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.
Infowars- Proving David Hannum right on a daily basis
Array
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.
GUN CONTROL= I WANT TO BE THE ONE IN CONTROL OF THE GUN
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Array
From conflicting reports, I haven't been able to determine if there was a "host" to this party. In post #1, the report says:
In post #14, 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.
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.According to witness statements, Sean Kennedy had been drinking alcohol with friends at a local golf course just prior to this incident.
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
Posting Permissions
2Likes
LinkBack URL
About LinkBacks
Reply With Quote
