Monday, January 16, 2017
Followup CO: Prosecution Centered on if 3:30 a.m. Intrusion was legal or not
Kirsten Djuric suffered six gunshot wounds from an AR-15 weapon fired by McCoy around 3:30 a.m. after she allegedly broke into McCoy’s home. The two were boyfriend and girlfriend and had been arguing via text messages and phone calls preceding the incident.
The hearing held Thursday centered on whether or not McCoy’s home door was locked when the incident occurred.
The district attorney’s office has contended, based on investigation by police detectives, that illegal entry was made into McCoy’s house by Djuric and a male she was with that allowed him to claim the protection of C.R.S. 18-1-704.5, use of deadly physical force against an intruder, which is commonly known as the Make-My-Day law.
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2 comments:
It occurs to me that whether or not a door is locked can not be what this entry question turns on. If they were a couple, whether or not she lived there is an open question. Did she have a key? I can see the complaint about "forced" entry but I gotta wonder why it even turns on that too.
Was the person there as a invited guest or was the person there as an unwelcome intruder? That is the question, and if they were an intruder, unwelcome is self evident. That they aim to do harm is also self evident because they already did do harm when they intruded.
Quite a interesting number of shots. 6 pulls or 2? Hmmmm.
A common practice when some one moves out is to change the door locks, just incase they kept an extra key. there is no law that requires a person to lock their door. king of your castle all who do not live there need permission to enter. defense of home and property is all that is required for a legal defense. I have been through a similar scenario. if the person left property, they can get a warrant to collect what is theirs. they come to the door and ask for that property, the warrant must be specific. satisfy the warrant with what legally belongs to them and tell them to never come back. they are entitled to collect what they can prove is theirs they are not entitled to enter the property.
My own daughter that I had not seen or had any contact with for 30 years came to live with me for about three months. one day she took off and was gone for a week. when she came back it was with several sheriff's deputies to collect her belongings.
She had a list of items on a yellow legal pad. she had decided she could furnish her new apartment with my furniture. When I asked the deputies to ask her for receipts she admitted that she did not own any of the things she was trying to collect. she said but I need those things. the deputies gave her what I said belonged to her and escorted her off my property. they noted on the warrant what she had tried to do.
The deputies had decided when they showed up that they were going to come in and fill her list, the warrant did not give them that authority. I brought what belonged to her to the door and they handed it to her. I actually gave her more than what belonged to her. extra things I did not need. I did everything I could for her and she pulled this crap. I flew her and my two grand children here from England, supported them for three months. I do not like being used even by family. The deputies were a little shocked when they realized what was going on.
This is not the first time I have had to defend my home. the first time I still had my FFL and a loaded pump 12 gauge. Deputies turned that situation around and back on the trouble makers.
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