Aurora CO: homeowner 1, burglar 0

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DouglasW

DouglasW

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Perp crawls through window, Perp meets homeowner with 12ga, Perp is done crawling through windows:

"Make my day", indeed: http://www.denverpost.com/news/ci_4066188

Article Launched: 7/18/2006 11:24 AM
aurora
Home intruder killed in Aurora
By Alicia Wittmeyer and Kirk Mitchell
Denver Post Staff Writers
DenverPost.com

A burglar was shot and killed this morning by an Aurora homeowner after the suspect crawled through a window, police say.

Police went to a home on the 1700 block of North Fulton Street around 8:30 a.m. on a burglary call, said Bob Friel, Aurora police spokesman.

When police arrived they found the intruder had been shot with a 12-gauge shotgun, Friel said. The man was taken to a local hospital and later died.

The homeowner, who fired once, had previously been a burglary victim, Friel said.

The intruder, whose name has not been released, pushed an air conditioning unit out of a window to enter the home, he said.

The incident is being investigated under Colorado's “Make My Day” law.

“Residents have the absolute right to safety and security in their homes,” said Friel.

The homeowner, who has not been arrested, was cooperative with detectives and is being interviewed at police headquarters, he said.
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why would that house be broken into twice... do burglars really just randomly choose homes to break into? seems fishy to me, like the guy may be into a bad scene.

either way, good job. Let it be a reminder to other sneaky scumbags.
 
do burglars really just randomly choose homes to break into
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You betcha. I had an attempted break-in (scared off by the dogs after forcing the front door) in the middle of the day about 10 years ago. I lived in a "nice" neighborhood and the guy living directly across the street from me was the city's police chief.

One of my sisters isn't into anything shady or illegal, but she doesn't have enough money to move away from the "transitional" neighborhood in which she lives. Over the past 10 to 12 years, she's had her house broken into and burgled at least 3 or 4 times that I'm aware of.

Besides, if a criminal gets into a house and gets some decent stuff, they may very well come back at a later date and see if they can do it again.
 
Shot burglar

one trick that is popular here is to rob a place once wait a while till they replace the stolen goods and then hit it again.
 
The incident is being investigated under Colorado's “Make My Day” law.
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Where did this phrase come from? Is it something the frightened media types used to fight passage of the law, or what?

Pops
 
Where did this phrase come from? Is it something the frightened media types used to fight passage of the law, or what?
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Its from the 1983 Dirty Harry movie Sudden Impact.
The line comes from the opening scene of the movie, where Harry goes into a diner for a morning cup of coffee. A hold-up ensues during which the waitress is held at gun-point by the gunman, who holds his gun to her head and threatens to shoot. Instead of backing off, Harry pulls his .44 and aims it straight at the man's head and dares him to shoot, saying in his characteristic rough grumble, "Go ahead, make my day".

Source: http://en.wikipedia.org/wiki/Sudden_Impact
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Sindawe
"Its from the 1983 Dirty Harry movie Sudden Impact."

I could be wrong but I think he was asking if they actually named the law that or if it was a common nickname that the media etc. applied to it.

Either way I like it.
 
hapuna:I don't think the phrase "Make my day" is part of the text of the law, but its what we in Colorado have know it by since the days it was proposed, passed and signed into law. Who first called it that? I have no idea, its been 20 years or so since it went into effect. My memory is good, but not to THAT level of minutia. :D
 
Another fine example of someone taking it upon them selves to chlorinate the gene pool.

Instant Karma, no better kind.
 
why would that house be broken into twice... do burglars really just randomly choose homes to break into?
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Actually, if a burglar has success once at a given location, he or she will more than likely be prone to returning at some point again.
 
Where did this phrase come from? Is it something the frightened media types used to fight passage of the law, or what?
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18-1-704.5. Use of deadly physical force against an intruder. ("make my day" law)

(1) The general assembly hereby recognizes that the 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 physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such 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 physical 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 any civil liability for injuries or death resulting from the use of such force.

Basically, if you make un unlawful entry into someones home in Colorado, you are at their mercy. They need only fear that you might hurt them, and they are justified. There is no requirement to retreat or to warn the invader.

One should note that "dwelling" is intended as livable space, and does not include a car garage, barn or other outbuilding.

My suggestion, don't break into a private residence in CO. (unless you are planning a suicide by homeowner)
 
Interesting (and lengthy) 1-year old article about Colorado's 'Make My Day' law. Don't most states have this same law now?

Intro below. Article here.

"It was a time when law-abiding Colorado homeowners might have felt under siege.

The burglary rate in the mid-1980s was twice what it is now, and people were demanding the right to defend their homes without fear of being arrested or sued.

Lawmakers responded with the Make My Day law, nicknamed for a line in the Clint Eastwood film "Sudden Impact" and signed by former Gov. Richard Lamm 20 years ago today, on June 6, 1985. It gave Coloradans the greatest leeway in the country to use force against an intruder. "
 
why would that house be broken into twice... do burglars really just randomly choose homes to break into? seems fishy to me, like the guy may be into a bad scene.
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The guy lives in a REAL bad area. Just a couple blocks off of Denver's Colfax Avenue (in this case, east Colfax, a couple miles west of I-225), called by Playboy Magazine "the longest, wickedest street in America". Trust me, two times is VERY possible in that area.
 
I must be getting old because these days if someone woke me up by pushing an air conditioner through the window I'd have just warned him off and saved the nasty mess.
 
Trust me, two times is VERY possible in that area.
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I'll bet the possibility of a 3rd is real slim at this particular house. :D

My first thought with the break-in being at 8:30am was that maybe the invader knew the home owner's schedule and he normally wasn't home at that time. Could have been on vacation, sickday, personal day, etc.
 
Thanks, Hawkmoon. According to this recent article at Law.com, 12-14 states have similar laws. I thought it was a lot more than that. But I am a bit confused. The article discusses Florida and Colorado specificilly, but doesn't include them on the list in the article (list quoted below). Am I wrong in thinking that the 'Castle Doctrine' and 'Make My Day' laws are essentially the same thing?

"The states that have passed shoot-first or Castle Doctrine laws are Alabama, Alaska, Arizona, Georgia, Idaho, Indiana, Kansas, Kentucky, Mississippi, Oklahoma, South Carolina and South Dakota. Michigan and Ohio are considering similar measures. The laws vary from state to state. Some allow use of deadly force anywhere, while others limit it to homes and vehicles."
 
For everyones benefit:

The states that have passed shoot-first or Castle Doctrine laws are Alabama, Alaska, Arizona, Georgia, Idaho, Indiana, Kansas, Kentucky, Mississippi, Oklahoma, South Carolina and South Dakota. Michigan and Ohio are considering similar measures. The laws vary from state to state. Some allow use of deadly force anywhere, while others limit it to homes and vehicles.
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