View Single Post
Old September 28, 2005, 12:18 PM   #54
leadcounsel
Junior member
 
Join Date: September 8, 2005
Location: Tacoma, WA
Posts: 2,119
Meyer and Wayne have a good handle on things, as well as others like #8 and like minded answers.

I don't get why I'm being attacked for asking if anyone had a problem shooting these BGs in the back? It was only a question

And please don't change the scenario. You don't have a phone, you're not upstairs, and these aren't cops or family members.... etc. This is the scenario presented and you have about 10 seconds to decide the course of action. This is good practice.

My answer is that, in MY state of Colorado, I know the law. The law gives me complete discretion to use lethal force against armed burglars: the state statute is below. I suggest you all learn your state laws.

I think the most effective attack against these attacker is to conceal yourself and take tactical aimed shots, preferably in the back. If you shoot them in the back they won't see exactly where the shot came from and will have to spin around to take aim and shoot. I carry a .40 so my first shot with a double tap is almost guaranteed to take down one of them. Now the odds are still in my favor because I can probably squeeze off at least a couple of mildly accurate shots at BG #2 before he can even react, and probably send 5 shots his way before he can squeeze of a single shot. If any of those shots are lethal, the threat it neutralized.

I think shouting LEO is on the way is a mistake. Now you have two intruders who know your position and will separate and be on the defensive and now you've got a house to clear.

I would worry about the legality later, but I am confident that shooting in the back would be justified in Colorado given these circumstances, based on the law and caselaw. There would be a preliminary hearing to decide if an indictment is even possible and, given the facts and ONLY my side of the story, it's extremely unlikely there would be an indictment. Two armed men, ski masks, burglars or assassins, middle of the night, family upstairs, deadly force warranted and necessary (it doesn't matter if the shot was in the back or face) etc. = no prosecution.



CRS 18-1-704.5. Use of deadly physical force against an intruder.
(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.
leadcounsel is offline  
 
Page generated in 0.03430 seconds with 8 queries