"Make my day" Law

[Wheezer]

the intruder was drunk and thought he was breaking into his own home that was a block away, the owner of the home shoots him dead........home owner will not be prosecuted.

911 tape

 

[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.

 

[Auryg]

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.

I agree, it's unfortunate, but still the boozer's fault. I'm sure the person that shot him feels like hell anyways.

 

[RedArmy]

Oh great, here we go.

 

[Kirby]

This space for rent.

 

[jlee]

Originally posted by: nkgreen
This space for rent.

tree-fiddy?

 

[Kirby]

Originally posted by: JLee

Originally posted by: nkgreen
This space for rent.

tree-fiddy?

Throw in a handjob and it's yours.

 

[HannibalX]

One down...

 

[HannibalX]

How do they know the guy wasn't intending to rob the home? He's dead. Just because he lived a few blocks away doesn't mean he wasn't trying to break into that house.

 

[Whoozyerdaddy]

The only thing that bothers me about that tape is the lack of the homeowner yelling "Go away! I have a gun!" or something to that effect.

 

[theeedude]

Originally posted by: Whoozyerdaddy
The only thing that bothers me about that tape is the lack of the homeowner yelling "Go away! I have a gun!" or something to that effect.

He wouldn't have had his day made if he did though. Then how would he brag to his buddies about defending his home?

 

[AnonymouseUser]

Good riddance.

 

[l0cke]

Glad I live in Colorado 😀

 

[NetWareHead]

Originally posted by: senseamp

Originally posted by: Whoozyerdaddy
The only thing that bothers me about that tape is the lack of the homeowner yelling "Go away! I have a gun!" or something to that effect.

He wouldn't have had his day made if he did though. Then how would he brag to his buddies about defending his home?

Either my sarcasm meter is broken or people are really this stupid. Picture you are being robbed or somebody is breaking into your home. Are you going to shout and give away your position to the criminal? Great...so now your voice has pinpointed your exact location and now he can shoot you through the window he is breaking into.

Try to look at it from the homeowner's perspective...he was probably scared for his life. And when you are that scared...laws, morals, ethics, principles, whatever you want to call it mean nothing. All you are thinking about at that moment is how to protect yourself and loved ones. The criminal's life is the very last thing on your mind.

 

[Kadarin]

No real sympathy here...

 

[Tiamat]

Well, that's that.

 

[Fayd]

Originally posted by: NetWareHead

Originally posted by: senseamp

Originally posted by: Whoozyerdaddy
The only thing that bothers me about that tape is the lack of the homeowner yelling "Go away! I have a gun!" or something to that effect.

He wouldn't have had his day made if he did though. Then how would he brag to his buddies about defending his home?

Either my sarcasm meter is broken or people are really this stupid. Picture you are being robbed or somebody is breaking into your home. Are you going to shout and give away your position to the criminal? Great...so now your voice has pinpointed your exact location and now he can shoot you through the window he is breaking into.

Try to look at it from the homeowner's perspective...he was probably scared for his life. And when you are that scared...laws, morals, ethics, principles, whatever you want to call it mean nothing. All you are thinking about at that moment is how to protect yourself and loved ones. The criminal's life is the very last thing on your mind.

exactly.

people take too much from movies. if they've never been in that situation, they probably shouldn't comment.

 

[JD50]

Originally posted by: NetWareHead

Originally posted by: senseamp

Originally posted by: Whoozyerdaddy
The only thing that bothers me about that tape is the lack of the homeowner yelling "Go away! I have a gun!" or something to that effect.

He wouldn't have had his day made if he did though. Then how would he brag to his buddies about defending his home?

Either my sarcasm meter is broken or people are really this stupid. Picture you are being robbed or somebody is breaking into your home. Are you going to shout and give away your position to the criminal? Great...so now your voice has pinpointed your exact location and now he can shoot you through the window he is breaking into.

Try to look at it from the homeowner's perspective...he was probably scared for his life. And when you are that scared...laws, morals, ethics, principles, whatever you want to call it mean nothing. All you are thinking about at that moment is how to protect yourself and loved ones. The criminal's life is the very last thing on your mind.

Whoozyerdaddy is not that stupid, however, senseamp is, so you're half right.

 

[Jumpem]

Good for him.

 

[Whoozyerdaddy]

Originally posted by: Fayd

Originally posted by: NetWareHead

Originally posted by: senseamp

Originally posted by: Whoozyerdaddy
The only thing that bothers me about that tape is the lack of the homeowner yelling "Go away! I have a gun!" or something to that effect.

He wouldn't have had his day made if he did though. Then how would he brag to his buddies about defending his home?

Either my sarcasm meter is broken or people are really this stupid. Picture you are being robbed or somebody is breaking into your home. Are you going to shout and give away your position to the criminal? Great...so now your voice has pinpointed your exact location and now he can shoot you through the window he is breaking into.

Try to look at it from the homeowner's perspective...he was probably scared for his life. And when you are that scared...laws, morals, ethics, principles, whatever you want to call it mean nothing. All you are thinking about at that moment is how to protect yourself and loved ones. The criminal's life is the very last thing on your mind.

exactly.

people take too much from movies. if they've never been in that situation, they probably shouldn't comment.

I really don't have a problem with shooting someone who is breaking into your house. None at all. I'm from Alaska for crying out loud.

It just seems to me that this guy was in the process of breaking in (while still outside the house) long enough for someone to dial 911, get an operator (that takes a while) and then spend 30 seconds talking to the operator and not once did the home owner make any kind of verbal warning or threat?

The guy was right to do what he did but yelling "I have a gun!" is usually enough to scare someone away. The idiot is still alive and the homeowner doesn't have to live with having taken a life.

Now, if you shout out and the guy keeps coming, by all means fire away. As for netwarehead's contention that you're giving away your posistion... whatever. Real life criminals aren't SOBER crack shots like in the movies. They're looking for a cheap score at a place they think is empty. (Or they think they are breaking into their own house) Your shout is 99:1 going to run the guy off. Yeah yeah, what about the :1? :roll: It's easy, you're already established in your position, aimed and ready... who is going to win that fight? Nobody is that quick on the draw. And if you see a firearm (which this guy did not in the [guessing] minute or so he was observing the drunk trying to break into his home) then obviously you skip the warning and just fire.

My opinion? The home owner was justified but was presented with a situation where he could leagally shoot someone and took advantage of that. In the back of his mind he had probably been waiting for something like this to happen.

The dead guy was terminated due to his own idiocy but I've not met many people who sit quitely while someone is breaking into their house, while they are still in it, for the length of time this guy was apparently working on the back door.

Like I said, he was justified but I definitely question his character.

 

[rudeguy]

Originally posted by: Whoozyerdaddy

I really don't have a problem with shooting someone who is breaking into your house. None at all. I'm from Alaska for crying out loud.

It just seems to me that this guy was in the process of breaking in (while still outside the house) long enough for someone to dial 911, get an operator (that takes a while) and then spend 30 seconds talking to the operator and not once did the home owner make any kind of verbal warning or threat?

The guy was right to do what he did but yelling "I have a gun!" is usually enough to scare someone away. The idiot is still alive and the homeowner doesn't have to live with having taken a life.

Now, if you shout out and the guy keeps coming, by all means fire away. As for netwarehead's contention that you're giving away your posistion... whatever. Real life criminals aren't SOBER crack shots like in the movies. They're looking for a cheap score at a place they think is empty. (Or they think they are breaking into their own house) Your shout is 99:1 going to run the guy off. Yeah yeah, what about the :1? :roll: It's easy, you're already established in your position, aimed and ready... who is going to win that fight? Nobody is that quick on the draw. And if you see a firearm (which this guy did not in the [guessing] minute or so he was observing the drunk trying to break into his home) then obviously you skip the warning and just fire.

My opinion? The home owner was justified but was presented with a situation where he could leagally shoot someone and took advantage of that. In the back of his mind he had probably been waiting for something like this to happen.

The dead guy was terminated due to his own idiocy but I've not met many people who sit quitely while someone is breaking into their house, while they are still in it, for the length of time this guy was apparently working on the back door.

Like I said, he was justified but I definitely question his character.

Not to disagree, but I disagree. If someone is breaking in, I am going to assume they are armed and know how to use the gun. This isn't a Lethal Weapon movie where the bad guys fire 100 shots and miss every time but the good guy fires one shot and kills the bad guy from 100 yards out. Criminals have just as much experience with guns as everyone else. Thinking that you are somehow superior because you are in the right could get you killed.

Darwin won this one.

 

[SearchMaster]

Like I said, he was justified but I definitely question his character.

While I 100% agree that (in RETROSPECT) he could probably have prevented this, the guy was scared. I don't question his character; I highly doubt he thought "this will be a great time to kill a guy" - he just panicked.

 

[skace]

When I lived in the city I left my door unlocked once and found someone in my staircase. I didn't shoot him, however he got all startled and said "Oh shit I thought this was my friends house" and left. Am I honestly supposed to believe he thought this was his friends house? No. How do I believe this guy was trying to break into his own house?

 

[Wheezer]

Text

D.A. Investigative Report:

Attorney?s Office announced that it will not prosecute the resident of 3212 Virginia Avenue, James Parsons, in connection with a shooting on December 28, 2008.

On December 28, 2008 at approximately 9:50 p.m. Colorado Springs police officers were dispatched to 3212 Virginia Avenue regarding a burglary in progress. As officers arrived they were advised that shots had been fired. Officers found an unknown male, later identified as Sean Kennedy, lying in the back yard near the back door of the residence. He was pronounced dead at the scene. An autopsy at the El Paso County Coroner?s Office later determined that Sean Kennedy died from two gunshot wounds.

Detectives from the Colorado Springs Police Department?s Violent Crimes Unit were dispatched and conducted a thorough investigation of the shooting. The investigation revealed that at about 9:45 p.m. on Sunday, December 28, 2008, the resident of 3212 Virginia Avenue was at home with his girlfriend when he saw a white GMC pickup truck drive up and park in front of his house, a small ranch-style home. The resident saw an unknown male get out of the truck and approach his front door. Two dogs belonging to the resident, including a German Sheppard, started barking loudly and continually as the unknown male began forcefully pounding and beating on the front door. He was yelling obscenities and appeared to be angry and upset. The unknown male continued to beat and pound on the door, during which time the resident told his girlfriend to call 911 and he went into the bedroom to get his gun, a revolver.

After several minutes the resident and his girlfriend saw the man run around to the back of the home. The resident positioned himself near the kitchen and saw the man at the back door. The man broke the lock on the back screen door, pulled open the screen door and began beating his fist on the back door. The man continued to yell obscenities. The man then broke out the pane of glass in the back door nearest to the dead bolt. The man put his arm in through the broken window and was using his hand to undo the deadbolt when the resident shot at the man three times with his revolver.

Physical evidence at the scene and other witness statements corroborated the statements of the resident and his girlfriend. Review of the 911 dispatch tape also confirmed the statement of the resident. At the beginning of the dispatch tape, the resident?s girlfriend was heard saying ?someone?s trying to get in the house? and telling the dispatcher to ?hurry up, he?s trying to get in the house!? The resident?s girlfriend was on the phone with a police dispatcher for nearly 4 ½ minutes while the unknown male was trying to get into the home. The resident?s girlfriend was then heard saying ?Oh my God, he?s coming in the back door!? and then ?Are they on their way, because oh my God, he broke in the glass!? followed by the sound of gunshots. Both the resident and his girlfriend immediately sought medical attention for Sean Kennedy.

The resident and his girlfriend cooperated fully with this investigation. The evidence from the dispatch tape and from investigative interviews indicated that they were both terrified during this incident and were traumatized by these events.
It was further determined through the investigation that Sean Kennedy lived at 3212 N. Institute Street, one street west of Virginia Avenue, with several roommates. According to witness statements, Sean Kennedy had been drinking alcohol with friends at a local golf course just prior to this incident. His blood alcohol level at autopsy was .261 gm/dl, over three times the legal driving limit.
Under Colorado Revised Statute section 18-1-704.5 the Colorado General Assembly ?recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.? This law provides that any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person intends to commit a crime or use any physical force, no matter how slight, against any occupant.

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.

 

[OogyWaWa]

thou shalt protect thine home