CO Homeowner Could Be Charged After Shooting Fleeing Armed Robber
A Colorado man could face charges for fatally shooting an armed intruder who tied him up in his home.
The unidentified victim managed to untie himself, then followed the robber outside and fired at the suspect as he drove away.
The suspect, who came to the house with a second man after responding to a Craigslist ad, crashed and died.
The suspect was later identified as 38-year-old David Martinez, who had previous drug, theft and burglary offenses on his record.
Now, the local sheriff and DA are weighing whether to charge the homeowner in the suspect's death.
The legal question is whether is the homeowner is protected under the state's self-defense, or "Make My Day," laws.
Jon Scott discussed the case today with legal experts Wendy Patrick and Anahita Sedaghatfar.
Patrick said the "Make My Day" law protects a victim when he or she is in their home, but in this case the man ran outside as the suspect was fleeing.
Sedaghatfar agreed, saying the victim must believe they are under an imminent threat of harm in order to use deadly force.
But she noted that a jury is very likely to sympathize with the fact that the man had just been robbed at gunpoint inside his home, making a conviction very difficult.
Read more on the case via FOX 31 Denver.