Be careful out there

[WETWRKS]

confronted them?

unarmed?

Like I said, I don't know the entire story yet. She has a room mate and may have thought it was her returning. There are also a number of friends who come and go, may have thought it was one of them.

[Dr_Fwd]

I say regardless...


... 3 against 1.. I'd say that was life threatening...

Yeap.

[mevshooter]

I say regardless...


... 3 against 1.. I'd say that was life threatening...

I agree completely, I'm just curious in regards to the the legal issues regarding the safety of the ladies in my life when I'm not around.

I told my wife to 1) if you hear a weird noise and I"m not around, don't even risk it. Just call the cops. And 2) if you have to risk it, you better have a gun in your hand. And 3) keep pulling the trigger until the threat is eliminated.

[glenncal1]

2) if you have to risk it, you better have a gun in your hand. And 3) keep pulling the trigger until the threat is eliminated.[/quote]


Those 2 are part of my personal survival plan as well.

[Monky]

Sounds less like a random thing.. and more like she pissed someone off?

Knew about access, lack of defense?

[spyder]

Does the garage count as part of your residence in regards to the "make my day" law? I want to say yes, but I've heard of weird instances where it isn't always cut and dry.

Only if it is attached...

From what I've heard anyway.

[spyder]

Sounds less like a random thing.. and more like she pissed someone off?

Knew about access, lack of defense?

I was wondering...
Did they take anything, rape? Or was it just a beat down?

[WETWRKS]

ok updated information.

Heard sound at 3am. Thought it was doorbell. Trodges downstairs and opens front door. No one there. Starts to go back to bed and hears sound at garage door to house. Thinks it must be family and there must be problems opens garage door to see youth 1 standing out on the sidewalk looking scared. Youth 2 and 3 are standing on the stairs about a foot from her. Closest does an upper cut on her...she doesn't drop. They take at least 2 more shots at her connecting with the face and the upper right sholder. Looks like it dazed her as she saw a wash or red and staggered against the doorframe. She looks at them and gives something of a feral yell/growl at them and they take off. She loses track of time and finds herself wandering around the garage. Figures she is getting her feet dirty so goes inside and loses track of time yet again. Finds herself starting at a wall. Wanders upstairs and has trouble waking her room mate as that one is sick and took cold sleeping meds. Finally gets the room mate awake enough to turn on the light and see the brusing and swelling from the attack. They call the cops. At that point (as best as I can tell) it is about 5am...so 2 hours lost.

Youth 2 and 3 looked pretty much just like each other...probably brothers. Tall, blonde, athletic, blue eyes, pretty well...aryan. Very clean cut.

They have canvased the neighborhood and at 2:30am a teen girl that lives down the street got a call from a boy she goes to school with and he wanted to know what house she lives in. He describes the house and happens to be standing out in the street looking at it at the time. Probably youth 1.

The neighbor kids have all started talking about a new family in the neighborhood that have 2 tall blonde kids that have been a problem. Reports of getting into fights, threatening to slit other kids throats...

Friends have been driving the neighborhood looking to see if they can't spot the kids matching the description and based on the info of where the new family lives...there is one of the large boxing/figher bags hanging in the middle of the garage.

[Great-Kazoo]

Only if it is attached...

From what I've heard anyway.

Dwelling. On your property attached or not. My shop is 100' from the house. Uninvited and they move towards in a threatening way, or in my mind present an IMMINENT THREAT

Hell a tent is a dwelling. SCOTUS found in favor of the defendant who was busted while camping for drug possession (in the tent) when park rangers entered and found drugs/ controlled substance. Ruling said (in loose terms) Person has reasonable right of privacy.
18-1-704.5 Use of Physical Force Against an Intruder
(Colorado's "Make My Day" law)
(1) The general assembly hereby recognizes that 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 force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable believe that the 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 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 civil liability for injuries or death resulting from the use of such force.

[birddog]

Jim:

I always appreciate how you post the statute instead of speculating. Keep up the good work, Answer provided!