Man robbed at
gunpoint may face charges for killing suspect, 'Being in your front yard does not count', by Douglas Ernst,
1/26/16, WND
A Colorado man may face
criminal charges for killing the individual who tied him up and robbed him at
gunpoint.
David Martinez, 38, was
shot and killed on Sunday after he turned a Craigslist offer into an attempted
armed robbery. His victim, bound inside his own home, managed to untie himself
and fire shots as Martinez fled. Martinez, who had a long criminal history,
crashed his vehicle and died at the scene.
The Jefferson County
Sheriff’s Office and the Jefferson County District Attorney’s Office now must
decide whether the victim will be shielded by Colorado’s “Make My Day” or
self-defense laws. The individual’s name was not disclosed by authorities due
to safety concerns.
“I don’t want to see him
charged,” a neighbor told KDVR Fox 31 Denver on Monday. “At the point a gun is involved, it’s
self-defense. It extends beyond the house. It’s wherever you are.”
Legal expert Dan Recht
told the station that legal realities were a bit more complicated than that. “While
the facts are very sympathetic to the homeowner, the law is not. It is not
enough to have been threatened and now use physical force to retaliate,” Recht
said. “If a guy is driving away, even if it is your vehicle that he
stole, you cannot use deadly force.” Recht added that “Make
My Day” law only covers a victim inside a home. “Being in your front yard does
not count,” said Recht.
Police found the a
stolen gold Mustang that a second suspect had been driving, but still have not
apprehended the individual.
http://www.wnd.com/2016/01/man-robbed-at-gunpoint-may-face-charges-for-killing-suspect/
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