lol!
Posted on 10/20/2018 11:22:53 AM PDT by BenLurkin
Video of the incident.
Looks like Lopez turned and the commissioner fired.
“They bring an axe, we bring a gun.” ~ Barrack Hussein 0bama
My yep to your yep > agree
“In Texas you can use deadly force to stop a thief from fleeing with your stolen property. Personally I would not unless he was a mortal threat”
Go read the dam statute!
“I am quite familiar with the statute in Texas. “
Maybe now but obviously not when you made your previous post.
Well then, allow me to be more specific.
According to Colorado Revised Statues 18-1-704 subsection 2(b) which reads:
2. Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:
(b.) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or
attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or...
18-4-202. First degree burglary.
(1) A person commits first degree burglary if the person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime, other than trespass as defined in this article, against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, or the person or another participant is armed with explosives or a deadly weapon.
I would remind the community that in the case in Texas, the robber was armed with a hatchet which is a deadly weapon.
So I reassert my original premise. In Colorado, you can use deadly force to stop a robbery.
“So I reassert my original premise. In Colorado, you can use deadly force to stop a robbery.”
Following keyboard lawyer’s advice can get one into loads of trouble.
It is always true that in legal matters, one should consult an attorney. By the way, the assertion was provided to me by an Colorado attorney.
lol!
“By the way, the assertion was provided to me by an Colorado attorney.”
There are good lawyers and bad ones like you cite.
I would not have shot the man
Not for stealing a hatchet
But that’s just me
What you quoted isn’t just an “assertion” - it is the law!
Here in Washington state the law is similar. The key however that the prosecutor will grab onto is “reasonable force”.
There was a case where a neighbor saw a stranger hauling stuff out of his neighbor’s house that was on vacation. He yelled at the guy to stop. He didn’t. So the neighbor goes to get his hunting bow and tells the guy to stop again. He doesn’t as he is loading a big-screen TV into his truck.
The neighbor shoots him in the butt with a broadhead arrow. The cops said it was a good shoot and didn’t bring any charges. The prosecutor said it would have been different if the guy had died. I think that the prosecutor is wrong, as others have.
However, it just takes one eager prosecutor to mess things up for you.
However, wrestling with a guy that has a hatchet in his hands is a whole ‘nother thing.
It would seem that your position is that a Colorado practicing attorney, quoting the exact Colorado statute is somehow .... bad?
Please explain how you come to this opinion and how your background and education qualifies you to assess how good a lawyer may or may not be, in the state of Colorado.
Or if you know of some other Colorado statute that would supplant or supersede 18-1-704, by all means, please share.
Dude, your statement about using deadly force to stop a robbery is NOT on the statute. And No Credible lawyer would assert what you claim.
Dude, your statement about using deadly force to stop a robbery is NOT on the statute. And No Credible lawyer would assert what you claim.
Actually it is in there, but you are entitled to your opinion.
“Actually it is in there, but you are entitled to your opinion.”
Actually it is not in there, dude.
2. Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:
(b.) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or...
Was the shooter an employee/owner or just a customer?
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