It’s not uncommon for teenagers to sneak out of the house after curfew. It’s also not unheard of for a teen to sneak a friend, boyfriend, or girlfriend into the house after mommy and daddy go to bed. Sometimes they get away with it and sometimes they get caught. One particular time, tragedy ensued. A man’s 14-year-old daughter snuck in her 17-year-old male friend early one Saturday morning. The father, assuming his family members were all tucked in their beds, became alarmed when he heard noises downstairs. He reached for his gun and went to investigate. According to the new report, the family’s dog led the man to the guest room, where the father announced he was armed and asked the person to identify himself. Instead, the 17-year-old chose to run and the father shot him in the chest, killing him. While no Murder or Homicide charges have been filed yet, if this had occurred in Fort Collins, Loveland, or Estes Park, the man could have a solid defense strategy using Colorado’s Make My Day law.
Larimer County Make My Day Law Attorney: What Does Colorado Law Say About the Use of Deadly Force?
In Larimer, Boulder, and Jackson County, C.R.S. 18-1-704.5 – Use of Deadly Physical Force Against an Intruder (aka the ‘Make My Day’ law) – is defined as:
- The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.
- 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.
- 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 criminal prosecution for the use of such force.
- 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.
Would the Make My Day Law Apply to this Case in Fort Collins?
The only issue I see, based on the definition provided above, is that the use of force, including deadly force, is permitted when another person has illegally entered the home. This boy was invited in by the man’s daughter, so technically, he had not illegally entered. Now, the man did not know the boy’s status and warned him that he was armed, asking him to identify himself. It seems he tried to determine if it was an intruder and when the boy tried to run, he assumed the worse. Although, there may be an issue that the boy was running away from the man, not toward him. This could be interpreted as a firm sign that the boy did not plan on using ‘any physical force, no matter how slight, against the occupant.’ It seems like there is a possible argument for immunity under this law in this circumstance. However, a young boy was killed, and often when tragedies occur, the police, district attorneys, and judges feel pressure from the deceased’s loved ones and the community for action. No one likes the idea of someone being killed and no one being held responsible.
If you or a loved one has been charged with a crime in Fort Collins, Loveland or Estes Park, you need to start planning your defense. The first step is to be smart, exercise your right to remain silent, and call the O’Malley Law Office for a free consultation at (970) 658-0007. Together, we can protect your future.