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  • Drunk Man Shot After Breaking Into House He Thinks Is His

    5 posts, 5 voices, 1194 views, started Jan 2, 2009

    Posted on Friday, January 2, 2009 by Stephanie

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    • Carnelian
      Offline

      COLORADO SPRINGS, Colo. – Prosecutors are considering whether a Colorado law meant to protect homeowners against intruders applies in the case of a man killed outside a house he mistakenly thought was his.

      The parents of 22-year-old Sean Kennedy said detectives have told them their son, who had been drinking, was shot Sunday night after breaking a window to try to get in through the back door of a house a block from where he lived.

      “The detectives agreed from everything we told them and from the way things looked that was pretty much what happened,” said Kennedy’s mother, Lisa Kennedy, told the Colorado Springs Gazette.

      Under Colorado’s “Make My Day” law, people are allowed to use deadly force in self defense against intruders in their home.

      The street numbers of the house where Kennedy was shot, 3212, are the same as the house where he lived. Kennedy’s house has a wooden privacy fence in the backyard, while the home where he was shot has a chain-link fence. His friends said he was in no condition to notice the difference after an evening of drinking and watching the Denver Broncos game at a friend’s house.

      Two people were inside the house that Kennedy tried to enter, police said. Police declined to identify them.

      Colorado Springs police spokesman Lt. David Whitlock declined to comment on the account given by Kennedy’s parents but said the right to self defense will play a role in the district attorney’s decision whether to file charges.

      David Webster, a defense attorney and former prosecutor, said it’s still unclear whether the “Make My Day” law will apply to this case.

      “It gets murky if the door is broken but not open,” he said. Prosecutors also must consider whether Kennedy was warned before being shot.

      The occupants of the house called police to report that they believed a burglary was occurring. Police have not said how long after the call that shots were fired.

      “The time frame will be key,” Webster said. “It sounds like they were trying to do the right thing and get law enforcement there.”

      Kennedy was an assistant golf pro at a Colorado Springs golf course.

      Source 



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        • 0 votes vote up vote up

          (華娃娃) ChinaDoll wrote Jan 2, 2009
        • I had a drunk banged on my door in the middle of the night.  I was a single mom and my son was only 3.  It scared the living out of me.  I called the police and needed to turn off all the lights in my house so he could not see from outside.  My son though 3, brought me a baseball bat.  I was on the phone and the police asked me not to hang up.  They came finally and questioned him why banged on my door.  Then they told me he was drunk and thought my house was his house.  My son, as of today, still remembered clearly about that night.



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        • 0 votes vote up vote up

          UK Girl wrote Jan 2, 2009
        • Under Colorado's "Make My Day" law, people are allowed to use deadly force in self defense against intruders in their home.  

          I take it this law was names after Clint’s iconic comment in Dirty Harry ......a lot of the time I’m so glad we don’t carry guns in the UK .......



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        • 0 votes vote up vote up

          Coachmombabe wrote Jan 2, 2009
        • It’s sad that it happened, but the homeowners would have had no way of knowing what was truly happening. It’s an unfortunate set of circumstances. Perhaps some other young people will heed the message that too much alcohol can be hazardous to their health, in many ways!



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