Merry Christmas! You killed your step-daughter.

[SERparacord]

I hope step-dad goes to prison where he belongs.

 

[Fargo]

I hope step-dad goes to prison where he belongs.

And you make this finding of guilt beyond a reasonable doubt based exactly upon what? Hell, the cops haven't even seen fit to make an arrest and you are already at sentencing?

 

[SERparacord]

And you make this finding of guilt beyond a reasonable doubt based exactly upon what? Hell, the cops haven't even seen fit to make an arrest and you are already at sentencing?

Colorado Law: law permits homeowners to fire at intruders only if they are certain the intruder will commit a crime other than trespassing. They are permitted to fire if the intruder plans to use physical force, no matter how slight.

No, Colorado does not have a “Stand Your Ground” law. We have a “Make My Day” law.

http://legisource.net/2013/10/03/does-colorado-have-a-stand-your-ground-law-2/

 

[actaeon277]

Colorado Law: law permits homeowners to fire at intruders only if they are certain the intruder will commit a crime other than trespassing. They are permitted to fire if the intruder plans to use physical force, no matter how slight.

No, Colorado does not have a “Stand Your Ground” law. We have a “Make My Day” law.

Does Colorado Have a ?Stand Your Ground? Law? | Colorado LegiSource

I think you are mixing up "Stand your ground" and "Castle doctine".

 

[Manatee]

Sounds like the Officer was a mite hasty in discharging his weapon.

 

[Bunnykid68]

Colorado Law: law permits homeowners to fire at intruders only if they are certain the intruder will commit a crime other than trespassing. They are permitted to fire if the intruder plans to use physical force, no matter how slight.

No, Colorado does not have a “Stand Your Ground” law. We have a “Make My Day” law.

Does Colorado Have a ?Stand Your Ground? Law? | Colorado LegiSource

Somebody coming through a basement window is more than trespassing, it is called breaking and entering.

 

[cobber]

A few secs of Google yielded this from the Colorado statutes:

• 18-1-705. Use of physical force in defense of premises.
  

• A person in possession or control of any building, realty, or other premises, or a
  person who is licensed or privileged to be thereon, is justified in using reasonable and
  appropriate physical force upon another person when and to the extent that it is
  reasonably necessary to prevent or terminate what he reasonably believes to be the
  commission or attempted commission of an unlawful trespass by the other person in
  or upon the building, realty, or premises. However, he may use deadly force only in
  defense of himself or another as described in section 18-1-704, or when he
  reasonably believes it necessary to prevent what he reasonably believes to be an
  attempt by the trespasser to commit first degree arson.
  

18-1-704.5 Use Of Deadly Physical Force Against An Intruder ("Make My Day Law")

1. The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute

safety within their own homes.
2. Notwithstanding the provisions of section 18-1-704, 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 has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

3. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions or subsection (2) of this section shall be immune from criminal

prosecution for the use of such force.

4. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force

And you have to read 18-1-704 as well... that's a lot of thinkin' to do before flipping the bang switch...

 

[Shay]

Somebody coming through a basement window is more than trespassing, it is called breaking and entering.

And absolutely should be shot.

 

[02roadster]

Stand your ground, castle doctrine, blah, blah, blah... Come into my home uninvited etc...You will be met by my New Agent. Simple. BTW Merry Christmas everyone!

 

[EdC]

My Google brought me to this note on a case law regarding that Co. Statute (18-1-704.5), and I think it explains the statute well:

"To be immune from prosecution under this section a defendant must establish by a preponderance of the evidence that he or she had a reasonable belief that the intruder was committing or intended to commit a crime against a person or property in addition to the uninvited entry. This inquiry focuses on the reasonable belief of the occupant, not on the actual conduct of the intruder. People v. McNeese, 892 P.2d 304 (Colo. 1995)."

 

[churchmouse]

Merry Christmas to all......dont shoot the kids today.........

 

[EdC]

And absolutely should be shot.

Except when it's your 14 year old step daughter sneaking back into her mom's house after a night out. Identify your ******* target!

 

[pasonik]

Did anyone else notice the ADT sign in the front yard? Wouldn't the alarm have gone off if she was breaking in through the basement window? Merry Chistmas everyone!

 

[loony1]

Merry Christmas to all......dont shoot the kids today.........

Lol, Thank you for that churchmouse.

 

[sepe]

Knock, call, text or get somebody who can.
No need to sneak in.
Esp in a gun home.

I guess "don't sneak out" doesn't mean "don't sneak out".

Terrible deal, but damnit, why can't today's kids understand an absolute?

Society tells them to challenge everything, well...............there ya go!

I'm thinking today's kids have been challenging everything they thought they could get away since the invention of today's kids. Me thinks Shakespeare wasn't the first person to dream up kids sneaking around against their parents wishes.

 

[rgrimm01]

Did everyone listen to the dispatch recording? She not only came rolling in at 0600 (i will presume well after curfew) and was entering the house through a window.

Sad day fore sure.

 

[ckcollins2003]

And absolutely should be shot.

But what if they just want food and not to harm you? How will we ever know if they pose a threat if we just shoot them for climbing through a window?!?!

Except when it's your 14 year old step daughter sneaking back into her mom's house after a night out. Identify your ******* target!

No. She should have been in bed. The step-father was simply protecting his home. You weren't there and you don't know the layout of the home. You don't know how much time he had from getting off the phone with 911 to having to decide to shoot at an intruder or not. You don't know if he was taking cover in case the intruder was armed.

If you simply take the story and take out the fact that the intruder was his step daughter, did he do anything wrong? No. It's like every other home invasion where the intruder is killed and we all call it a good shoot.

 

[rgrimm01]

... Identify your g-----n target!

That is so much better than merely stating "identify your target".

Merry Christmas...

 

[IndyDave1776]

Except when it's your 14 year old step daughter sneaking back into her mom's house after a night out. Identify your ******* target!

He was being sarcastic. Shay has already made it clear that he expects us to know things we could not possibly know without either interviewing the intruder or waiting on the intruder to physically attack first (i.e., demanding that we KNOW the intruders intent).

That is so much better than merely stating "identify your target".

Merry Christmas...

Perhaps he is suggesting that we should only shoot reprobates?

 

[Fargo]

Except when it's your 14 year old step daughter sneaking back into her mom's house after a night out. Identify your (needless cursing) target!

Sounds to to me like he did ID his target, it was the person breaking into his home through a window... I would wager there is a reason no arrest has been made, and I would wager it is because the cops and DA are thinking he can meet the preponderance standard in the statute.