Colorado's "Make My Day" Law Results In Shooter Being Cleared Of All Charges

KKTV ^ | Jan 27, 2009 | KKTV

[AF_Blue]

A man who shot and killed who he thought was an intruder has been cleared by Colorado's "Make My Day Law."

Sean Kennedy, 22, was shot and killed December 28. Police say he was trying to forcibly enter a home on Virgina Avenue south of the UCCS campus.

[AF_Blue]

No Charges To Be Filed In Springs Home Shooting; Make My Day Law
http://www.kktv.com/home/headlines/38516079.html

Make My Day Law Clears Man in Deadly Shooting
http://www.kktv.com/home/headlines/38492864.html

No, the investigation cleared Parsons of wrongdoing, so charges were never filed. The MMD law ensured an innocent man wasn't incarcerated for protecting his home and family.

Father Says Son Was Confused...
http://www.kktv.com/home/headlines/36880659.html

Sorry, Pop, but your son was drunk, not confused. There is a difference.

Friends Call "Burglary" Shooting Terrible Mistake
http://www.kktv.com/home/headlines/36820989.html

Are these the same friends that he was drinking with?

Friends Remember Sean Kennedy
http://www.kktv.com/home/headlines/36915084.html

Did they remember to be a REAL friend and ensure he got home safely, instead of getting shot?

I've partied as hard as, and occasionally harder than, this guy did. I don't condemn doing so, but I ALWAYS have a plan, and a backup plan, to make it home and live to regret it and get my suffering laughed at the following day. I pity the shooter, but not for his actions. I pity him for having to live with the consequences of being forced to take a life due to someone else's stupidity.

[pnh102]

A man who shot and killed who he thought was an intruder ...

The story is incorrect. Someone who tries to bang down your door and then breaks the window glass to try and unlock the deadbolt is definitely an intruder.

[DemforBush]

It’s unfortunate that there was a loss of life, but it was the right call not to press charges.

[Carley]

I recall reading this story when it happened and even the father of the drunk understood why his son was shot.

A tragic loss.

[FDNYRHEROES]

Was this house set in a “cookie-cutter” copycat housing development? How could anyone not notice that a house is not their own? Even furnishings inside the house cannot be the same...How far away did the guy actually live? None of these facts are presented with the reportage...sheessh...

[jiggyboy]

Evidence from the dispatch tape and from investigative interviews indicated that James Parsons and his girlfriend were both terrified during the incident and were traumatized by the events.

Maybe I'm being a little paranoid here, but what if the homeowner here knew the guy was coming in, but he didn't sound "terrified" enough on the phone? Or if during the investigation he very matter-of-factly says something like, "no I wasn't terrified, or in fear of my life, I had my gun, I'm a good shot, and I know the law would back me up. I shot him with no more emotion than turning on the garbage disposal."

[seemoAR]

This reminds me of a story about a drunk Russian I heard about several years ago. He came home, staggered to his bed room and found a strange man in his bed. He beat the man up, threw him out and started a fight with his wife before he noticed the woman wasn’t his wife. He was in the wrong house. ;0)

[Redbob]

"Or if during the investigation he very matter-of-factly says something like, "no I wasn't terrified, or in fear of my life, I had my gun, I'm a good shot, and I know the law would back me up. I shot him with no more emotion than turning on the garbage disposal."

If that's what you said here in Texas, you might find yourself in deep kimchee, castle doctrine or no.

In my recent CHL class, the instructor made it very clear that you MUST indicate you're in mortal fear;
he as much as said that it would be difficult for me to EVER justify use of a firearm, because of my size: 6'-4, 245 lbs.

So... why am I carrying?

Because I can.

[CodeToad]

very cool.

[Condor51]

A man who shot and killed who he *thought* was an intruder has been cleared by Colorado's "Make My Day Law."

"Thought"?!?!?!?

There was no "THOUGHT" you imbeciles!
The guy WAS an "intruder" as he WAS breaking into the house.

[jiggyboy]

Much obliged. I feared as much.

[MeanWestTexan]

“So... why am I carrying?”

Same reason I do, because a 90lb kid with a 9mm could take me out. (6’9” and 299lbs — not fat, either)

[jimt]

In my recent CHL class, the instructor made it very clear that you MUST indicate you're in mortal fear; he as much as said that it would be difficult for me to EVER justify use of a firearm, because of my size: 6'-4, 245 lbs.

Your instructor is as full of it as a Christmas goose ! He either isn't from Texas or he doesn't know the law.

If this happened in the night time, you could chase the SOB down the street and shoot him, legally. If he was committing a felony and fleeing, you could chase him down the street and shoot him in the DAYTIME, legally.

Texas law specifically allows you to use deadly force in several cases. And it says NOTHING about being in fear.

You can find the statutes on the internet. Check it out.

[wastedyears]

I can't believe nobody posted this yet.

[Gondring]

Redbob...sounds like your instructor knows his stuff, practical knowledge about the real world, not just reading the statutes and näively believing that statutes are always followed these days. Good.