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Colorado self defense law eyed in home shooting
Denver Post ^ | 31 December, 2008 | AP

Posted on 01/01/2009 12:56:02 PM PST by marktwain

Related Articles

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.

-------------------cut-----------------------------

"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 ...


TOPICS: Crime/Corruption; Culture/Society; Extended News; US: Colorado
KEYWORDS: banglist; colorado; coloradosprings; homedefense; shooting
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To: muawiyah

No I’m calling you ignorant. Watching football, drinking, driving or going home has nothing to do with this. He was trying to break into a home and got shot.

Doesn’t matter how you project what he was thinking either.

He broke into an occupied home and was shot. He did not survive the shooting. He won’t do it again. Perhaps others should learn from his harsh lesson.


121 posted on 01/02/2009 3:56:51 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: muawiyah

“They might actually have two different stories from the shooter.”

The homeowner you mean?


122 posted on 01/02/2009 3:58:03 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: muawiyah

“BTW, my kid is not going to break into your house. But we already know your type”

And we know your type. On post after post you do this.


123 posted on 01/02/2009 3:58:38 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: muawiyah

“Like pulling ypu pistol from the bedside table and fire on one of your kids because you heard a noise.”

So you’ve done that? Is that the cause for your rabid anti-gun mentality?

“Let’s get serious. Not everyone you meet is out to kill you”

No they are not, I have some very good friends.

You’re saying you would risk your wifes life on teh chance that someone breaking into your home really just wants to say hi and give you $20.


124 posted on 01/02/2009 4:01:30 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
Have they finished collecting the fingerprints? Be interesting to see if he "touched" the door.

There's entirely too much not yet known here to make more than a superficial judgment.

125 posted on 01/02/2009 4:02:16 PM PST by muawiyah
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To: driftdiver

Have names been released? It was quite easy to identify the homeowner ~ matter of public record. Now, who lives there?


126 posted on 01/02/2009 4:03:25 PM PST by muawiyah
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To: driftdiver
Hmm, since when have I said I'm "antigun"?

I think you are making a fundamental mistake in thinking that unsafe use of guns is representative of a right to defend yourself with them.

As far as I'm concerned when you start firing a weapon in a residential area you take a very good risk of killing or injuring innocent people who have nothing whatsoever to do with your dispute with someone else.

Those bullets go right through walls.

It's kind of like you think that having and brandishing a gun, to say nothing of shooting someone, kind of gives you a morally superior position to everyone else ~ including those who seek to pursue solutions to disputes with minimum force (at least initially).

It is very easy to be in the wrong when firing a weapon ~ that's why so many of us get our practice on a range (like the NRA headquarters range ~ it's convenient and very well appointed) ~ that way we won't end up all pannicky firing on the kiddies with snowballs.

127 posted on 01/02/2009 4:08:48 PM PST by muawiyah
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To: muawiyah

“It’s kind of like you think that having and brandishing a gun, to say nothing of shooting someone, kind of gives you a morally superior position to everyone else”

yes, believing that its ok to protect your life and the lives of your loved ones from a violent drunk is morally superior to believing its wrong.


128 posted on 01/02/2009 4:45:59 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

There’s the smart way to do it. I don’t think you understand.


129 posted on 01/02/2009 7:09:40 PM PST by muawiyah
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To: driftdiver
Regarding this story in that newspaper, it's part of a series on "SELF DEFENSE" crimes of all sorts:

Colo. D.A. says wife acted in self defense 01/17/2009...

Lawyer: Dec. 25 movie gunman fired in self-defense 01/01/2009...PHILADELPHIA?An Iraq veteran charged in a Christmas night shooting over noisy moviegoers fired inself-defense, his lawyer said....

Self-defense claimed in SoCal dog beating 12/22/2008...BEVERLY HILLS, Calif.?An assistant Los Angeles County fire chief who allegedly beat a neighbor's 6-month-old dog so severely it had to be euthanized said Monday he was acting inself-defense....

Colorado self defense law eyed in home shooting 12/31/2008...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...

Self-defense claim investigated in puppy beating 11/07/2008...LOS ANGELES?Authorities say they are investigating theself-defenseclaim of a Los Angeles County assistant fire chief in the beating of a neighbor's puppy that had to be euthanized....

130 posted on 01/18/2009 8:28:09 PM PST by muawiyah
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To: marktwain; All

Here is more followup on the Colorado Springs shooting where the drunken golf pro was shot trying to break into a resident’s house.

http://www.freerepublic.com/focus/f-news/2173030/posts

The prosecutor refused to prosecute.


131 posted on 01/28/2009 6:11:16 PM PST by marktwain
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To: muawiyah; MrEd; Lurker
In Colorado they have the older standard (before "retreat") which was "shoot 'em INSIDE.

I don't know where muawiyah got that idea (or any of his ideas for that matter) but is totally untrue. Many years ago just after Colorado passed the home defense law it has now there was an incident where a Japanese exchange student was out drinking with his buddies. They stopped at a place they thought was where a party was taking place. Well, it wasn't. The homeowner came OUTSIDE and warned them to go away. The Japanese student approached and kept on coming towards the armed homeowner (WHO WAS OUTSIDE) even after being warned not to. Well, you guessed it the homeowner shot and killed the student. No charges. The law is clear in Colorado concerning self-defense.

132 posted on 01/29/2009 6:51:16 AM PST by techcor (I hope Obama succeeds... in becoming a one term president.)
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To: techcor
If I'm ever involved in an SD shooting I will demand that the Prosecutor take it to a Grand Jury.

Simply because today's Prosecutor says they won't doesn't mean the next political idiot who gets elected to the position won't.

However if a GJ has "no-billed" you, you're home free.

L

133 posted on 01/29/2009 6:58:38 AM PST by Lurker ("America is at that awkward stage. " Claire Wolfe, call your office.)
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To: Lurker
No need to run up legal expenses in Colorado. The law is clear in these cases. And an overwhelming majority of the people here (like on FR) have the common sense to understand such things.
I just don't understand the thinking behind some of the posters who don't. They have a weird mentality that shows in their posts. Usually accusing the home owner shooters of practically shooting kids that throw snowballs. Or "getting off" (sexually or at least thrilled) on shooting the intruders. Whereas most of us realize that the owners are terribly saddened and didn't want to shoot.
Some even post things that definitely lead you to believe those posters believe there should be testing before someone is allowed to own a firearm. I just don't know why they hang out at FR.
134 posted on 01/29/2009 7:11:32 AM PST by techcor (I hope Obama succeeds... in becoming a one term president.)
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To: techcor
I just don't know why they hang out at FR.

L

135 posted on 01/29/2009 7:34:01 AM PST by Lurker ("America is at that awkward stage. " Claire Wolfe, call your office.)
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To: techcor
I believe the exchange student thing was in Louisiana, not Colorado. And as we have now seen in the latest news article here the belief is the guy's arm was INSIDE the broken window, presumably trying to reach the knob.

According to other Freepers and the Prosecutor, any penetration however deep suffices to shoot someone.

That's the OLD STANARD `ya' gotta be inside.

That used to be pretty uniform around the country.

BTW, one of the things that will help to convince any doubters is if the dead guy had been armed. Now when the dead guy is found to not be armed, then suspicions are raised.

136 posted on 01/29/2009 8:32:36 AM PST by muawiyah
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To: techcor
Certifiably senile people shouldn't be given firearms to play with.

Let them find their own.

Regarding "clarity", the law can be clear but if the news stories aren't, that leaves plenty of room for debate. BTW, we've had murders around here that were designed to look like self-defense. Best one was a triple header. Indian guy and an Indian woman called the police. According to them a black man broke into their home and smothered her sister to death with a pillow.

They hadn't been here very long, but they had the "break in" part down pat.

No one believed them! The claim of a break-in simply wasn't sufficient to end that case, nor was it sufficient here ~ and, to address the issue one Freeper went and found out which side of the door the glass fell.

Now, going beyond that, one unanswered question is where were the shooters when they shot the guy? Did they shoot through the hole in the window, or did they open the door, or what?

Anyone seen information on that part?

137 posted on 01/29/2009 8:39:10 AM PST by muawiyah
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