Posted on 12/15/2005 6:54:00 AM PST by Airborne1986
COLORADO SPRINGS, Colorado (AP) -- A man accused of fatally shooting someone in a car has been acquitted of first-degree murder under a state law that provides legal protection to homeowners who defend themselves.
...
Gary Lee Hill, 24, faced charges in the 2004 killing of 19-year-old John David Knott, who along with three others had assaulted Hill in his home.
Hill was accused of firing a shot into a car that Knott was driving. Knott crashed into a house and died from a single gunshot wound to the back, authorities said.
"It's a miscarriage of justice," said Sen. Jim Brandon, who helped craft the law. The law meant a home's door to be a threshold for an illegal entry, not down the street, he said.
Prosecutor Lisa Kirkman said the law says deadly force can be used "if the shooter reasonably believes the other person might use physical force against the home dweller."
According to testimony, Knott and the others showed up at Hill's house after an argument over a missing purse.
"Gary went through this horrible and traumatic event," said defense attorney Ted McClintock. "They promised they were going to come back in. They had already come back once."
(Excerpt) Read more at cnn.com ...
That would have been good enough for me. That type of threat is terrorism in its most common form. I have to tip my hat to the jury. Also, judges are frequently criticized. But, the jury would not have been allowed to consider this defense if the judge had not permitted it and instructed the jury on it.
Sure sounds like justice to me.
Grr... I hate HTML.
You should be able to kill anyone who assaults you and then tries to flee. A police officer would shoot them, why can't you acting in their proxy?
This should have never gone to trial.
Its too bad he missed the other three.
I'm not sure the law applies, because the law specifically requires (1) an unlawful entry into the dwelling and (2) another crime unrelated to the unlawful entry. (Don't get me wrong, I'm all for self defense.) There are other laws in Colorado that authorize deadly force, and one or more may well have applied. But I don't see the Make My Day law as applying.
"You should be able to kill anyone who assaults you and then tries to flee. A police officer would shoot them, why can't you acting in their proxy?"
I agree. In Massachusetts, you have the duty to try flee, if possible, from an attacker in your home before using deadly force. It is sickening.
"You should be able to kill anyone who assaults you and then tries to flee. A police officer would shoot them, why can't you acting in their proxy?"
I'm not so sure about shooting someone who is trying to flee. I think the police have the same restrictions about using dealy force unless it's necessary to protect themselves or others.
I'd definately try and get the police to arrest them before they could come back.
I'd also be ready for them if they did come back.
"Those cats are dangerous because they usually seem to miss"
The marksmanship skills of inner city gangmembers is notoriously bad. By comparison, the mafia gang wars had far less collateral damage.
Miscreants need to start realizing that if you mess with someone, it could go very, very badly for them. That seems to be missing from the equation. It seems our legal system emboldens the bad guys by being more concerned about perpetrator rights than they are for the victim.
Bravo for the acquittal.
It's not the bullet "with your name on it" that you have to worry about but the on labelled "to whom it may concern."
When I was an MP, we always had a saying regarding use of deadly force- "better to be judged by twelve than carried by six." 100 years ago this wouldn't have even been an issue. Look how far we've regressed.
I thought Colorado Springs was a conservative area. It sounds like the voters need to get rid of their district attorney if he goes after people who act in self-defense.
Not true. My great grandpa ran a duck hunting outfit, and took some of Capone's guys out onetime. Not a single one could hit anything (shooting wildly in the air), so my grandpa shot the ducks for them.
What do you expect from people who hold their handguns sideways?
BTW, with the way I've seen some handguns eject, shouldn't the shooter get hit in the face with his own casing?
You're right. I took my daughter's little ganster-wanna-be boyfriend (mid-twenties) out to my property. I carried several of my guns and had him shoot at various targets. (pistol, rifles, carbines, etc.) He couldn't hit the broadside of a barn.
After he had his fun I gave him a serious shooting lesson. He was astounded, and scared. Was worth the trip. "Don't mess with old codgers that know how to shoot.", I told him.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.