K-9 tragedy.... this really pisses me off!

ColoradoTJ · Oct 9, 2022

tripleconpanna said: ↑

If you were the only one there; handle business then call once you're safe! If another family member is present, have them call 911 and provide suspect and suspect vehicle description (even if all that can be given is 2 dudes and white truck), but even more importantly have the person who calls give a complete description of you (teach them to go head down) IE>> My husband is downstairs and armed; he's a WM tall w/med building wearing black hat, w t-shirt, tan shorts and cowboy boots; the most important thing for you is not get shot by responding officers…. This is a good protocol especially if you are at a public place and encounter an incident that you end up involved in (especially active shooter); have whoever your with move to safety if they are not staying w/you, call 911 and give same info so you're not mistaken for a bad guy….

Finally with the wording in your statutes, I suggest you determine what is meant by 'unlawful entry into the dwelling'… This is the actual statute for your incident….
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.

… so the real question would be what determine unlawful entry? There is some case law that addresses common ground in multi-family housing; locked vs unlocked doors, etc… I don't see unlawful entry defined though, and while one would think it would mean putting ones body beyond the threshold, there may be other components that trigger prima facia evidence of "entry"… Does the act of breaching a locking mechanism meet the standard for "in the commission of"? Does the breaking of glass or the suspect being in the act of using a pry tool to defeat security at the threshold trigger 'that unlawful entry has been or is being made'???

IE>>> Even though committing rape in most jurisdictions calls for 'penetration however so slight'. However, ripping a girls underwear off her privates is prima facia evidence in most jurisdictions to cover 'attempt' or 'in the commission of' and therefore does not require the victim to experience the violation before appropriate mitigating action can be taken...

It is a good idea to know who you'd call for legal representation in an event like this; ask local cops who they would use; and then reach out to that law firm; schedule and pay for a consult (it's worth the 200-400 dollars); ask these questions; and ask how you should handle post incident interviews w/law enforcement, etc.; most will tell you brief statement that guides them through the scene, etc. but do not make a formal statement w/o representation...
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This is excellent advice if others are inside the home at the time of a home invasion. I have talked to my family about being very descriptive on who is who and location inside home. Another point is not hanging up with dispatch so when officers arrive, guns can be put in a safe condition and not on your person.

I called a week later after this incident and made a report with the Sheriff's Dept after the suggestion from members on here. Maybe someone or the LEO's would catch these POS's. The deputy asked if I went outside with my weapon and I told him "no." He said that was smart and had I did and held them until officers arrived, I too would have been arrested.

So I'm glad you asked what "unlawful" entry is...in Colorado. It's just that. A person(s) has to cross over the threshold of a window/door. An attached garage does not cover the "Castle Doctrine" and then self defense comes into play there. I have done a "few" training courses on this topic and this always comes up every time. I have never heard an lawyer/officer/NRA instructor say you can shoot an intruder outside the home with only one exception. If a person is trespassing and has intent to cause arson you can defend. Now I have heard of some shootings outside of one's home after some invaders have left the dwelling and was ruled justified (one in particular was a case when a person was captive and severely abused).

I agree legal counsel should be planned out long in advance that specializes in this delicate situation. Victims often incriminate themselves and become a criminal. I also suggest you state "I will cooperate when my legal counsel is present. Thank you" and then use your 5th amendment rights and STFU. Just my opinion and the service I use:

https://firearmslegal.com/aspnow/

texasrho83 · Oct 9, 2022

ColoradoTJ said: ↑

I also suggest you state "I will cooperate when my legal counsel is present. Thank you" and then use your 5th amendment rights and STFU. Just my opinion and the service I use:

https://firearmslegal.com/aspnow/
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x2

This is the back of my USCCA card:

ColoradoTJ · Oct 12, 2022

This was the Family where the daughters ex-BF busted through the front door and the dad shot him three times.

The interviews:

Dad

Daughter

I personally would not have done the interviews without legal counsel present..

Bought2Pull · Oct 30, 2024

I once called Charlotte-Mecklenburg 911 to report a road obstruction. Time was approximately 10 PM on a Saturday night.

I am not joking, this was what I heard.

"You have reached the Charlotte Mecklenburg 911 center, all of our operators are busy at the moment, please hold for the next available operator."

HOLD TIME WAS 5 MINUTES. I timed it.

On a humous note, I was very tempted to say, (when an operator did finally pick up). "Oh nevermind, guy came at me with a knife, but I got tired of holding, just shot him in the face. It's not an emergency anymore, he's not in a hurry ever again" and just hang up. LOL

I know 911 calls are recorded and public information, but I didn't know if they (at the time) could trace cell phone calls. I instead just reported the road obstruction and location.

5 minute wait time to just talk with the 911 operator. SMH

JJcksn12 · Jan 17, 2025

This one had a good career.

dklehman · Jan 17, 2025

Tripleconpanna said: ↑

tan shorts and cowboy boots
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Not to make light of this conversation but Holy shit that's quite the outfit.

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