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 Colorado fatal shooting 
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 Post subject: Colorado fatal shooting
PostPosted: Thu Dec 15, 2005 11:04 am 
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This doesn't really apply to Minnesota law, so I figured It would be better to drop it here. What are everyone elses thoughts on this?

http://www.msnbc.msn.com/id/10478465/

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COLORADO SPRINGS, Colo. - 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.

But a legislator says the 1985 law — known as the “Make My Day” law — may have been misinterpreted by the jury.

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.

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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,” Sen. Jim Brandon, who helped craft the law, said. 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.”

© 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


Personally, I can't really say that I support shooting someone who was driving away, but the clause that they threatened to come back is an interesting bit. Does anyone have a more complete account of this story?

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PostPosted: Thu Dec 15, 2005 5:36 pm 
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..."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...."

That statement (obviously if true), would get you some well deserved jail time in Minnesota.

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PostPosted: Thu Dec 15, 2005 9:28 pm 
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JDR wrote:
..."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...."

That statement (obviously if true), would get you some well deserved jail time in Minnesota.


Absolutely "cessation of threat" or "retreating" means the right to use deadly force no longer exists!

More info needed but it sure looks suspect

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PostPosted: Sat Dec 17, 2005 11:29 pm 
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While the fact that the bad guy was shot in the back might appear to worth a huge amount of significance, it's not necessarily so.

Read Joel's book. The threat doesn't stop just because the bad guy turns away. He may well have intended to come back with reinforcements. If the defense can show that, the defendant walks.

And there are other circumstances: The late Darrell Mulroy always used as an example the case of a woman who fed her violently abusive husband a meal, his last as it turned out, then came up behind him as he was seated at the table and blew his brains out. She was acquitted on grounds of self-defense.

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