Colorado homeowner robbed at gunpoint may face charges for killing suspect

[rci2950]

http://www.foxnews.com/us/2016/01/26...l?intcmp=hpbt3

A Colorado homeowner who was tied up and robbed at gunpoint Sunday may face charges for shooting and killing the suspect who was fleeing in a stolen car, Fox 31 reported.

The unidentified homeowner, who managed somehow to untie himself after the robbery, reportedly went outside his home in Littleton and fired shots into the car at the fleeing suspect. The man in the car was reportedly identified as David Martinez, 38, who has a long criminal history of burglary, theft and drugs. Martinez crashed the car about a block later and died.

The Denver Channel reported that under the state’s Make My Day law, a homeowner is able to shoot an intruder who enters the home, but, according to one legal analyst, the law does not protect a homeowner if the shooting occurs from the porch, yard or driveway.

“If the homeowner believed his life was in imminent danger he’s allowed to act in self-defense,” David Beller, the legal analyist, said. Another legal analyst told Fox 31 that, in order not to be charged, the homeowner should have been threatened at the moment he pulled the trigger.

“If a guy is driving away, even if it is your vehicle that he stole, you cannot use deadly force,” Dan Recht, the expert, said.

The victim could be charged if the prosecutor decides that the shooting was not a case of personal protection.

One neighbor, who spoke to Fox 31, said the homeowner should not be charged because it was still a matter of self-defense.

[alismith]

I had a cop friend tell me that if I shot someone on the porch, to make sure I dragged him into the house before calling 911. As long as he's in the house, I'm okay, but if he is anywhere outside (even on the porch) then I'm not okay.

[Helen Keller]

Seen people go to jail for the same thing here.

[5.56NATO]

Then there must be a statute that can't shoot from your yard or porch or whatever.

[Helen Keller]

Running/driving away/Fleeing - isn't grounds for deadly force, unless you believe them to be in the act of causing more serious bodily harm/death. IE: If the guy drove away and was popping off shots out the window or kidnapped someone , that's fine shoot back . If not , Don't or you'll be charged.

[FunkyPertwee]

From an ethical standpoint, I think using deadly force to stop and/or apprehend a violent criminal is justified. I don't think they should be executed on site, but if shooting is the only way to stop them, then fuck it. I believe the nature of the crime (kidnapping and illegal imprisonment, not theft) justifies using force to stop and/or apprehend the criminal.

FYI, I'm not a lawyer and this isn't legal advice.

[5.56NATO]

I can provide a link to a cop shooting a fleeing suspect who is armed. If the guy had a gun, he was obviously armed in the stolen car. Dunno if cops get a pass on such.

[Dan Morris]

Running/driving away/Fleeing - isn't grounds for deadly force, unless you believe them to be in the act of causing more serious bodily harm/death. IE: If the guy drove away and was popping off shots out the window or kidnapped someone , that's fine shoot back . If not , Don't or you'll be charged.

This is the way I was taught when I got my Co CC......this should be interesting..............
Dan

[tank_monkey]

I can provide a link to a cop shooting a fleeing suspect who is armed. If the guy had a gun, he was obviously armed in the stolen car. Dunno if cops get a pass on such.

Cops have a duty to apprehend and stop someone. We, on the other hand, since it's not our jobs, have the right to defend ourselves, but we can't go chasing down bad guys and shooting them, UNLESS, we see that they pose an imminent threat to innocent life. The cops have the duty to proactively go after them to ensure that they don't do any more harm. We don't. (lol, just thought of something. What if you 'overheard' the guy saying he was going to kidnap and kill some kid in the next town and that was his next stop ..... do you have the right to stop him? hmmm)

[l921428x]

The law is the same here. when the man fled it was not imminent danger.

[sevlex]

He will face charges, but Don't be surprised if he gets off lightly.

[JTHunter]

He will face charges, but Don't be surprised if he gets off lightly.

Let's hope so!
Or, better yet, would this be a good time for an example of "jury nullification"?

[NAPOTS]

Kinda hard for me to see shooting a fleeing person as justifiable self defense

[Schuetzenman]

I see it as justifiable. Hey he tied they guy up in his home and robbed him. Now that the criminal is dead he will never ever rob or threaten another person. Fucking works for me. That's how you clean up the bad shit in society.

[alismith]

I see it as justifiable. Hey he tied they guy up in his home and robbed him. Now that the criminal is dead he will never ever rob or threaten another person. Fucking works for me. That's how you clean up the bad shit in society.

Brings to mind the recent escape in CA where 3 convicts escaped. One of them is supposed to be extremely dangerous. If they had executed him earlier for his crimes, he couldn't have escaped the other day, Now, he's back out in society free to continue his criminal activities.

Usually, after a person is executed, he has a real hard time escaping later....

[rktman]

The argument could be made that the homeowner was intimately aware of what the kidnapper/thief was about to do and decided to stop him before any more damage/public harm was done.

[kuntryboy]

i'm telling this without all the details so it doesn't take 30 minutes. a few years ago some dudes decided to collect on a personal debt. they went to his home and demanded he pay it. he yelled out he didn't have the money and go away. they threatened to kick in his door. he warned them, his girl friend and baby were in the house. if they tried, he would shoot. one of them started kicking. he was warned again. when the door flew open, the kicker drew his last breath. the shooting didn't stop didn't stop there but, no one else died. it was termed justifiable. if someone is forcibly trying to enter a home, it means danger to the occupants. it may not be that way in all states.

[T2K]

I am glad the scumbag is dead.

However, I don't think shooting at a fleeing car is a good idea from a legal standpoint OR a common sense standpoint (rounds flying down a street, I have neighbors).