No Charges in Boulder "Make My Day" Shooting
The District Attorney of Boulder, CO says no charges will be filed against a couple who shot a 21 year old student who walked into their home and their bedroom at 3:30 a.m. a few days ago. The lights were out and the couple had been asleep when they heard an intruder. Colorado's Make My Day law justifies shooting an intruder in the home if the homeowner "reasonably believe[s] a trespassing person intends to use any measure of physical force on any occupant of the home."
Zoey Ripple, who graduated from the University of Colorado two weeks ago, was intoxicated and ignored the couple's warning to leave, even though they said they had a gun. She was shot in the hip and is recuperating in the hospital. [More...]
The DA today said Ms. Ripple will be charged with felony criminal trespass. The couple, who are both psychiatrists, were consulted on the charging decision.
When someone illegally enters your home, ignores your demand to leave and continues their approach, I think any reasonable person would believe they intended physical harm -- especially when it's dark and they can't see the intruder.
Ms. Ripple will likely end up with a plea that avoids a felony conviction and ensures she gets treatment. She's lucky she wasn't killed.
That being said, the couple, Timothy Justice and Doreen Orion, should start locking their screen door when they go to bed. It may be the People's Republic of Boulder, but this isn't the sixties and it's felony stupid to believe because you live in a progressive college town, no one would break into your house.
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