Friend walked in on a burglary.

Quote:

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Originally Posted by Cameron

No you wouldn't, and you are a twit.

Cameron

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Um yes you would. Unless you have an airtight story [ told by your attorney] you cannot beat forensic science. The Court of Public Opinion especially with parents as described will crucify you. . Ask this white hispanic in FL, named Zimmerman how that shooting is playing out.

IF, IF YOU BELIEVE there is someone in your home and you enter while LE is in route AND use deadly force you're screwed. Like i said, Justifying Use of deadly force when LE is on the way puts you in a very tough to defend position.
The first question asked by any 1/2 ass investigator would be Why did you Call the Police / Dial 911, THEN enter your home....... OOPS.

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Originally Posted by UrbanWolf

What about George Zimmerman?

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right on point there-- a fight outside a home in a common area of a neighborhood. Here, we're talking about two folks inside a man's home.

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Originally Posted by jim

And he's not going to give up defending his position either. WE know he's incorrect, why waste time or energy.
The owner DID not believe he was in imminent DANGER.
IF KEY WORD IF he felt there was a potential THREAT / Imminent Danger to him. He should have never entered the House. Any prosecutor would have a field day with this.


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 of 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.


18
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1
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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

Use Of Physical Force In Defense Of Property

A person is justified in using reasonably and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the other person to commit theft, criminal mischief, or criminal tampering involving property, but he may use deadly physical force under these circumstances only in defense of himself or another as described in section 18

Again he did not feel there was an Imminent Threat to himself.
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That's some great armchair lawyering, Jim. Of course, 18-1-705 talks about defense of a premises, which is not what we're talking about here. We're talking about being confronted by two intruders inside your home, which is governed by 18-1-704.5.

How is Zimmerman relevant?

I received a call that my alarm has been tripped and my dog is barking.
I went home thinking it was probably a false alarm (statistically probably 20 to 1 that the alarm was false).
I went inside and to my horror was confronted by two men who had been burglarizing my home appeared to have a similar desire to take my life in the same way they were stealing my property.
In fear for my life I was forced to shoot them both in self defense.
I would like to speak to my attorney.

Quote:

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Originally Posted by Cameron

No you wouldn't, and you are a twit.

Cameron

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You can call me all the names you want now. But when you come through the back door or the jail on murder charges, I expect to be called "sir".



Oh, and good try on baiting me into doing something stupid resulting in a ban. Sorry it didn't work, bro.

Sent from my teepee using smoke signals.

Quote:

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Originally Posted by jim

Um yes you would. Unless you have an airtight story [ told by your attorney] you cannot beat forensic science. The Court of Public Opinion especially with parents as described will crucify you. . Ask this white hispanic in FL, named Zimmerman how that shooting is playing out.

IF, IF YOU BELIEVE there is someone in your home and you enter while LE is in route AND use deadly force you're screwed. Like i said, Justifying Use of deadly force when LE is on the way puts you in a very tough to defend position.
The first question asked by any 1/2 ass investigator would be Why did you Call the Police / Dial 911, THEN enter your home....... OOPS.

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Do you have ANY Colorado case law that backs up anything you have written?

I HAVE had this situation and I DID arrive before the police and I did enter MY HOME and I would have used any force I deemed necessary to protect myself. You are making a massive number of assumptions that are illogical and not reality based.

Cameron

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Originally Posted by funkymonkey1111

right on point there-- a fight outside a home in a common area of a neighborhood. Here, we're talking about two folks inside a man's home.

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Still that doesnt stop from the families suing him.

Quote:

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Originally Posted by funkymonkey1111

That's some great armchair lawyering, Jim. Of course, 18-1-705 talks about defense of a premises, which is not what we're talking about here. We're talking about being confronted by two intruders inside your home, which is governed by 18-1-704.5.

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The point is, there would have never been a confrontation if he would have done the right thing and waited for the police.

I'm done now. I'll watch from the sidelines and giggle to myself now.

Sent from my teepee using smoke signals.

Quote:

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Originally Posted by JM Ver. 2.0

You can call me all the names you want now. But when you come through the back door or the jail on murder charges, I expect to be called "sir".

Sent from my teepee using smoke signals.

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Do you have ANY case where someone entered their own home confronted a criminal committing a crime, killed them and is now doing life?

Cameron

Quote:

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Originally Posted by Cameron

Do you have ANY case where someone entered their own home confronted a criminal committing a crime, killed them and is now doing life?

Cameron

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:: sigh ::



Sent from my teepee using smoke signals.