I posted a while back about a local guy who, while stinking drunk, tried to break into a house a block from his own residence, thinking it his own, and was killed for his trouble. Here's the update:
Fatal shooting ruled covered by state ‘Make My Day’ law
Comments 43 | Recommend 5
January 27, 2009 - 10:55 AM
LANCE BENZEL
THE GAZETTE
Prosecutors have cleared a Colorado Springs man in the Dec. 28 fatal shooting of a local golf pro who was drunkenly trying to break into the man's home - apparently believing he was locked out of his own apartment.
James Parsons of 3212 Virginia Ave. will not be charged because his actions were protected under Colorado's "Make My Day" law, which holds that "citizens of Colorado have a right to expect absolute safety within their own homes," the 4th Judicial District Attorney's Office said in a statement.
The law applies when intruders illegally enter someone's dwelling with the intent to commit a crime or harm someone.
Twenty-two-year-old Sean Kennedy - drunk and shouting obscenities - had broken out a window in the back door and was reaching inside to unlock it, giving Parsons the "reasonable belief" that he and his girlfriend were in danger, prosecutors said.
Two dogs inside barked persistently and the couple shouted for Kennedy to leave in an ordeal lasting more than four minutes, all of which contributed to Parsons' sense of mounting danger, prosecutors said.
"A reasonable person in those circumstances would have believed that (Kennedy) was going to do a crime against them or property," said newly elected District Attorney Dan May, who oversaw the review of the shooting upon taking office Jan. 13.
May said it is well-established under case law that breaking a window and reaching inside constitutes breaking and entering.
rightisright wrote:Was the name "Make My Day" given by some GFW group? It makes protecting your home sound like vigilantism. Which it is most certainly not.
The term "Make My Day Law" comes from the landmark 1985 Colorado statute that protects people from any criminal charge or civil suit if they use force - including deadly force - against an invader of the home.[1] The law's nickname is a reference to the famous line uttered by Clint Eastwood's character Dirty Harry in the 1983 film Sudden Impact, "Go ahead, make my day."
POLITICIANS & DIAPERS NEED TO BE CHANGED OFTEN AND FOR THE SAME REASON
A person properly schooled in right and wrong is safe with any weapon. A person with no idea of good and evil is unsafe with a knitting needle, or the cap from a ballpoint pen.
I remain pessimistic given the way BATF and the anti gun crowd have become tape worms in the guts of the Republic. - toad
rightisright wrote:Was the name "Make My Day" given by some GFW group? It makes protecting your home sound like vigilantism. Which it is most certainly not.
Yes, although it has mostly been replaced with the more ominous "Shoot First", or the entirely serious "License to Shoot Brown People". Yes, that is a direct quote from the local GFW group. I have the mp3 of the radio show they were on.
I support rehabilitation through reincarnation. -TechBrute
princewally wrote:Yes, although it has mostly been replaced with the more ominous "Shoot First", or the entirely serious "License to Shoot Brown People". Yes, that is a direct quote from the local GFW group. I have the mp3 of the radio show they were on.
Maybe they should tell these "Brown People" who have a fear of getting shot when entering other people's homes - STAY THE HELL OUT IF YOU'RE NOT INVITED IN.
Gee, how difficult is that to figure out??
POLITICIANS & DIAPERS NEED TO BE CHANGED OFTEN AND FOR THE SAME REASON
A person properly schooled in right and wrong is safe with any weapon. A person with no idea of good and evil is unsafe with a knitting needle, or the cap from a ballpoint pen.
I remain pessimistic given the way BATF and the anti gun crowd have become tape worms in the guts of the Republic. - toad
1991A1 wrote:The same goes for green people and purple folks. Center mass is in the same place for all intruders, regardless of hue.
I know that green people exist , because Captain Kirk had sex with a green women , but I think the "Purple people eater" got all the purple ones, just trying to keep it straight.
In the language of the left we shouldn't shoot people who break in because they might be the wrong color. What ?
You go home drunk, your keys don't work, people inside the house are telling you to
leave and threatening to call the police, and a couple of dogs are barking their heads
off.
So, of course, you break into your own house.
And you never realize you have the wrong house?
No way.
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"The entire modern world owes its existence to capitalism.
Marxism isn't just a dead end, it's the road back to mud
huts." -- me
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You go home drunk, your keys don't work, people inside the house are telling you to
leave and threatening to call the police, and a couple of dogs are barking their heads
off.
So, of course, you break into your own house.
And you never realize you have the wrong house?
No way.
i dunno, ive lived in houses where there could at any time be several unknown people inside... and ive had plenty of roomates that would love to play jokes like that on people... in a neighborhood where every house looked the same, i could totally see mistakes being made...
“I no longer need to run as a Presidential Candidate for the Socialist Party. The Democrat Party has adopted our platform.” - Norman Thomas, a six time candidate for president for the Socialist Party, 1944
