When people panic, they don’t always act in rational ways. Sometimes their reactions even make things worse, but it’s so hard to stand back and do nothing. I’m pretty sure that’s exactly how one man felt when he was watching his house burn with his dogs inside. According to the news report, the first responders told the man to stay back, but he could not idly stand by and do nothing. So, he grabbed a firefighter’s ax and threw it through a house window to try and rescue his pets himself. Police on scene tackled the man and arrested him for Disorderly Conduct. Thankfully, all of the man’s pets escaped the fire unharmed. I guess there is no affirmative defense for trying to save the life of an animal.
Larimer County Disorderly Conduct Attorney – What is the Definition of Disorderly Conduct?
The Colorado law definition of Disorderly Conduct in Larimer, Boulder, or Grand County – C.R.S. 18-9-106 – is:
(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
(d) Fights with another in a public place except in an amateur or professional contest of athletic skill; or
(e) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or
(f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
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An Attorney’s Evaluation of the Disorderly Conduct Criminal Charges – I Would Save the Dogs Too
While it was not specifically stated, I believe the man in the story above was charged with Disorderly Conduct because he displayed a deadly weapon (part f). When the man picked up the fireman’s ax, he was technically holding what could be considered a deadly weapon in Fort Collins, Loveland, and Estes Park. However, the statue does say that the brandishing of the deadly weapon must be in a manner calculated to alarm. I don’t for one second believe that the man grabbed the ax with the intent to alarm others. In fact, I don’t think he was considering anything other than how to get his dogs out of the house. Attempting to save your favorite pets from a fire should not be a crime. It seems senseless that he would be charged with this class 2 misdemeanor, and if the man has great criminal defense lawyer, like one of the attorneys from the O’Malley Law Office, there is definitely a defense to be argued.