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.
The homeowner is a hero for eliminating one of a pair of vermin making the honest citizens and their families safer. Do I see jury nullification in this case?
Like anyone would ever tell a jury that they can nullify anything. Ha!
“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.”
I don’t see a problem with that.
“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.”
Hey d#ckwad, PAY ATTENTION… “robbed at gunpoint”.
Tell that to the next person that POS robbed (IF he hadn’t been smoked by the hero) who may not have been so lucky to escape with their life.
We’ll shed no tears if YOUR stupid jewb#tch @ss is killed, however.
The community was NOT in danger? Shoot to kill.
Everybody wants the guy shot, and as tempting as it may be in that situation, you CANNOT shoot a fleeing anything. (suspect, convict, and not even if you watched him murder someone).
Once he’s fleeing, you’re shooting him in the back, and that’s always been a no-no in this country.
The supreme court has ruled that you must have a reasonable fear of imminent death or serious bodily harm before you can use deadly force.
It might be good to remember that distinction in case you ever have to shoot someone; to get off the hook, it has to be a situation in which a “reasonable” person could assume there was an imminent threat of death or serious bodily injury. (you were in fear of losing your life — like the cops always say)
Correction Jolly: “Everybody wants the guy shot, and as tempting as it may be in that situation, you CANNOT shoot a fleeing anything. (suspect, convict, and not even if you watched him murder someone), unless you are a member of the blue gang (police), the largest criminal organization in the world.
Common Law should apply here, even if charged the jury should be told they can dismiss the case if the ‘state’ law doesn’t jive with the peoples common law. 38 year old career criminal, robbing people at gun point in their own homes. The only unfortunate thing about this story is that a good person was forced to do a hard thing for the safety of his community.
1word
Well 2 really
Jury Nullification
There is no crime committed here….
STOP THE INSANITY !
We have these silly laws, but ever wonder where Martinez will spend eternity. This is the logical end to his lifestyle. The only difference is a non-cop shot him. Had it been the pigs, no foul.