CO: Court Rules Common Basement part of Residence in Shooting of Donald Russel

A man who killed a homeless intruder in his apartment building is entitled to immunity under the law that allows for deadly force in the face of perceived threats, the Colorado Court of Appeals ruled on Thursday.

Colorado’s “make my day” statute permits the occupant of a dwelling to use deadly force against someone who unlawfully enters if they are committing — or intend to commit — a crime. The resident is immune from civil or criminal liability if he or she “reasonably believes that such other person might use any physical force, no matter how slight.”
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