Skip to comments.Colorado self defense law eyed in home shooting
Posted on 01/01/2009 12:56:02 PM PST by marktwain
Dec 30: Pounding on the wrong door a fatal mistake in Springs
Springs homeowners kill burglary suspect Dec 29:
COLORADO SPRINGS, Colo.Prosecutors are considering whether a Colorado law meant to protect homeowners against intruders applies in the case of a man killed outside a house he thought was his.
The parents of 22-year-old Sean Kennedy said detectives have told them their son, who had been drinking, was shot Sunday night after breaking a window to try to get in through the back door of a house a block away from where he lived.
"It gets murky if the door is broken but not open," he said. Investigators are also likely to consider whether Kennedy was warned before being shot.
While the people at the house called police to report that they believed a burglary was occurring, police have not said how long after the call the shots were fired.
"The time frame will be key," Webster said. "It sounds like they were trying to do the right thing and get law enforcement there."
(Excerpt) Read more at denverpost.com ...
Here is the link to the previous story:
You’re right. I had no idea the drunk man broke a window.
Breaking into someone elses house is the definition of a burglar. How do they know he thought it was his house. Maybe he just thought their stereo should be his.
Ah, the fickle of fate. Sometimes, things are really murky. If this kid had been sober and intent on home invasion, we’d not be having this conversation. Of course, the homeowner probably couldn’t have known either way.
If you’re so drunk that you get your home confused with someone elses you are in pretty darn bad shape.
Sad but based on the story I’d have to support the people that actually lived there vs the drunk who may have thought he did.
Compare the numbers: How often do drunks try and break into the wrong home, versus how many criminal break-ins and home invasions are there?
If you wish to play the odds and allow the guy to effect entry, that is your choice (not saying you would). However, once in, I am sure he can be reasoned with, and if not, shooting at close quarters at a moving target is so easy, I see it done all the time on TV.
So, the situation is basically, bet your life and the life's of your family that it is some poor drunk just lost, or bet that the insane idiot on the other side of the door, breaking said door, is a determined criminal. In fact, he IS a criminal, as he would be breaking into a home that is not his.
I feel sorry for the homeowner.
Yea that was left out of the first article posted earlier.
The parents of this poor soul have no idea what the son's intent was or no reason to think he was just at the wrong house. The owner of the house, however, had every reason to believe that somoneone was trying to get into his house. That is enough of a threat to warrant self defense.
“Ever see a housing development where every single house looks identical to every other house?”
yes I have seen those. Never been so drunk that I couldn’t figure out where I lived though. If he was that drunk he shouldn’t have been driving.
Regardless, doesn’t really matter. He broke into a home that was not his. The only part that really matters is he evidently had not entered the home yet.
I think the homeowner is in some difficulty here.
I’m with the homeowners on this one. It’s a tragic story, but the homeowners did nothing wrong. They didn’t know the kid was so drunk that he thought their house was his. They had no way of knowing what his intent was, and its not incumbent upon the homeowners to determine an invader’s motives.
More information than we had before. I think it is very relevant that he actually broke the window on the door, rather than just pounding on it.
The broken window demonstrates clearly his intent to enter the dwelling. It will be interesting to see if the homeowner is indicted, and if so, convicted.
Thanks for the update.
Agreed--our society has gone mad.
Thanks for the update. This does make it more difficult. Still not 100% sure where I stand on it though.
“True enough, he didn’t get in, but he did get shot”
Sure he got in, when he broke the window he broke the plane between inside and outside. Good shot for the homeowner
It does not matter what Mr. Kennedy thought, it matters what the homeowners thought was happening in the middle of the night. Sad story, but sometimes mistakes are fatal Mr. Kennedy.
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