A case involving "Make my day"

Colorado Redneck · January 10, 2022, 08:37 PM

https://www.denverpost.com/2022/01/1..._medium=social

The shooter "warned Russell that he was armed with a gun, and told the man he would count down from five and then shoot him if he had not left." The shooter counted down and then shot and killed Russell. The court upheld "Make my day." The article doesn't give much information but no doubt, there were lots of dollars spent in lawyers fees by the defendant to defend himself in court.

**44 AMP** · January 11, 2022, 02:59 PM

You left out the part in the linked article which said the guy was shouting and throwing things, which could very well be considered assault, and possibly assault with a deadly weapon in which case, defense with deadly force could be justified, and apparently was, in the eyes of EVERY court this case went through.

Focus on what was said, and not the actions of the guy that resulted in him being shot is a red herring.

Different state's laws differ in detail, but since each court this went through agreed this shooting was justifiable under the applicable state law, what is there to discuss, really?

Now, had the homeless guy just sat there quietly when told to leave, had not "attacked" then we would have a much different case.

Rau was apparently prosecuted on the legal theory that the "common areas" of an apartment house are not covered under the stand your ground law, and therefore, the shooting was not justified under the law. Apparently, every court disagreed.

**Frank Ettin** · January 11, 2022, 07:56 PM

And having only inadequate information, there's really nothing to discuss.

January 10, 2022, 08:37 PM	#1
Colorado Redneck Senior Member Join Date: January 6, 2008 Location: Northeast Colorado Posts: 1,993	A case involving "Make my day" https://www.denverpost.com/2022/01/1..._medium=social The shooter "warned Russell that he was armed with a gun, and told the man he would count down from five and then shoot him if he had not left." The shooter counted down and then shot and killed Russell. The court upheld "Make my day." The article doesn't give much information but no doubt, there were lots of dollars spent in lawyers fees by the defendant to defend himself in court.

January 11, 2022, 02:59 PM	#2
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,818	You left out the part in the linked article which said the guy was shouting and throwing things, which could very well be considered assault, and possibly assault with a deadly weapon in which case, defense with deadly force could be justified, and apparently was, in the eyes of EVERY court this case went through. Focus on what was said, and not the actions of the guy that resulted in him being shot is a red herring. Different state's laws differ in detail, but since each court this went through agreed this shooting was justifiable under the applicable state law, what is there to discuss, really? Now, had the homeless guy just sat there quietly when told to leave, had not "attacked" then we would have a much different case. Rau was apparently prosecuted on the legal theory that the "common areas" of an apartment house are not covered under the stand your ground law, and therefore, the shooting was not justified under the law. Apparently, every court disagreed. __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

January 11, 2022, 07:56 PM	#3
Frank Ettin Staff Join Date: November 23, 2005 Location: California - San Francisco Posts: 9,471	And having only inadequate information, there's really nothing to discuss. __________________ "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper