"Make my day" Law

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TheVrolok

Lifer
Dec 11, 2000
24,254
4,092
136
Seems like a good call to me after reading the DA's report; and really, more often that not I'd say I err on the side of the victim in these types of situations. This one seems pretty clear, though. I would have done the same thing. It's not like this is another shot in the back while fleeing story. Crazy dude pounding/breaking his way in ... loss of life is a shame, but eh, what choice did the home owner have?
 

AnonymouseUser

Diamond Member
May 14, 2003
9,943
107
106
After reading what Wheezer posted, the killing is more justified than ever. Hell, he should have been shot simply for driving with "His blood alcohol level at autopsy was .261 gm/dl, over three times the legal driving limit."
 

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
Reading the DA report makes it even more clear not charging the guy was the correct course of action, and shows why every state needs to have such laws in place.

That, and another drunk driver permanently removed off the roads is a bonus.
 

bananapeel42

Banned
Feb 5, 2008
327
0
0
If they were in New York the home owner would be prosecuted for 1st degree murder and his wife put in prison for life just for being near him.

I think he did the right thing, if someone you don't know is screaming at you, then breaks into your house, if you have a gun, I'd use it EVERY TIME.

 

Regs

Lifer
Aug 9, 2002
16,666
21
81
I wonder what the guy's motive was for breaking in? According to the DA report it did not seem like a burglary attempt, and he obviously wanted to make a big scene. It almost seems like a classic case of ex-boyfriend jealousy.
 

Pliablemoose

Lifer
Oct 11, 1999
25,195
0
56
After living in Texas for 20 years, and then living in California for the last 4 months, I gotta tell ya, concealed carry laws/castle doctrine laws really do cut down on crime, I can't fucking believe the level of violence here and people just shrug their shoulders and accept it.
 

edro

Lifer
Apr 5, 2002
24,326
68
91
My concealed carry instructor taught these 4 precursors to using deadly force:
1. Intent - Does the perp have intent to cause you or others harm?
2. Ability - Does the per have the physical ability to harm you or others?
3. Opportunity - Does the perp have the spacial ability (no barriers between you and them)?
4. Jeopardy - Does the perp give you no other opportunity to exit the situation?

Obviously you can't go through this list while in a highly intense situation.
However, these should be common sense and you should be able to go through them in a split second.

Because he was outside, breaking in, and the home owner couldn't see him, 1,2 and 3 were not obtainable.

If it were I in the same situation, I would have notified the person that I had a gun.
At least my conscience would be at ease after I took his life.

I am not of the shoot now, ask questions later bunch.
 

theeedude

Lifer
Feb 5, 2006
35,787
6,197
126
I bet having his girl there got this guys protective macho instincts going. Gotta show the lady that he can protect his castle. So he shot a drunk. Very heroic :)
 

JDub02

Diamond Member
Sep 27, 2002
6,209
1
0
I think the homeowner did the right thing. Still sad. I'm sure he doesn't feel good about it.
 

RedArmy

Platinum Member
Mar 1, 2005
2,648
0
0
Originally posted by: senseamp
I bet having his girl there got this guys protective macho instincts going. Gotta show the lady that he can protect his castle. So he shot a drunk. Very heroic :)

Yeah, because when someone is breaking into my house the first thing I think of is how to impress my lady friend. Troll.
 

mxyzptlk

Golden Member
Apr 18, 2008
1,888
0
0
Originally posted by: Whoozyerdaddy
Like I said, he was justified but I definitely question his character.

Entirely reasonable and well thought out. I wholly concur.

 

JulesMaximus

No Lifer
Jul 3, 2003
74,586
986
126
Originally posted by: jagec
(didn't listen to the tape)

If you can't handle your drink, then don't drink. A person has a right to defend their home.

That's fucked up. I don't know if I could live with myself after shooting an unarmed man to death for a simple mistake.
 

mxyzptlk

Golden Member
Apr 18, 2008
1,888
0
0
Originally posted by: Wheezer
Text

D.A. Investigative Report:


Aren't burglers usually trying to be quiet and sneaky? Banging on the front door and shouting isn't a good M.O. for a cat burgler...
 

mxyzptlk

Golden Member
Apr 18, 2008
1,888
0
0
why the hell is it called the "make my day" law?

surely they could've come up with a better name than that.. or is Colorado in the habit of basing all their laws on Clint Eastwood movies? Because there are a couple of rape jokes in The Eiger Sanction that I could see being codified..
 

Train

Lifer
Jun 22, 2000
13,590
86
91
www.bing.com
Originally posted by: bananapeel42
If they were in New York the home owner would be prosecuted for 1st degree murder and his wife put in prison for life just for being near him.

You forgot the part where the richest person/entity within 6 degrees of separation gets sued for eighty zillion dollars.
 

NaOH

Diamond Member
Mar 2, 2006
5,015
0
0
Originally posted by: JulesMaximus
Originally posted by: jagec
(didn't listen to the tape)

If you can't handle your drink, then don't drink. A person has a right to defend their home.

That's fucked up. I don't know if I could live with myself after shooting an unarmed man to death for a simple mistake.

Yeah, no kidding. But aside from warning the intruder, I feel like he protected his place the best he could. Who knows what could happened when you're woken up in the middle of the night with someone trying to get through your door.

Anything he could have done after calling 911 would only put himself in a weaker position to an intruder. The drunk was in the wrong place at the wrong time due to him drinking too much. It's tragic for both parties...
 

jagec

Lifer
Apr 30, 2004
24,442
6
81
Originally posted by: JulesMaximus
Originally posted by: jagec
(didn't listen to the tape)

If you can't handle your drink, then don't drink. A person has a right to defend their home.

That's fucked up. I don't know if I could live with myself after shooting an unarmed man to death for a simple mistake.

Did you read the article? The guy wasn't fumbling with his keys and saying "Hello? Why is my house locked? Why don't my keys work?" He was screaming obscenities, pounding on the door, and breaking a window to unlatch the deadbolt.

That's no "simple mistake".
 

amdhunter

Lifer
May 19, 2003
23,332
249
106
Was the murder victim Black? If so, good. If he was White, it's messed up the shooter didn't give some kind of notice.

Unless the shooter was Black, then he should be jailed, regardless of what race the victim was.
 

jlee

Lifer
Sep 12, 2001
48,518
223
106
Originally posted by: amdhunter
Was the murder victim Black? If so, good. If he was White, it's messed up the shooter didn't give some kind of notice.

Unless the shooter was Black, then he should be jailed, regardless of what race the victim was.

:confused: