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Female student trespasser shot...

Discussion in 'Legal' started by majortoo, May 26, 2012.

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  1. majortoo

    majortoo Member

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    New breaking story: It seems that a young female student in Colorado was trespassing in a millionaire's home, where he shot her. Initial reports indicate that she was intoxicated. It also appears that if and when she recovers, she will be prosecuted for trespass. I am just guessing, but I will bet that the press will have great fun with this one. She was a pretty, blonde Caucasian. I don't know the laws in Colorado, but if that happened here in Virginia, then the homeowner would be well advised to get himself a really good lawyer.
     
    Last edited: May 26, 2012
  2. Prince Yamato

    Prince Yamato Member

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  3. armoredman

    armoredman Member

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    She's lucky to be alive.
     
  4. Deltaboy

    Deltaboy Member

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    Dumb College Kid ! Good thing she is still alive.
     
  5. cyclopsshooter

    cyclopsshooter Member

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    deleted
     
    Last edited: May 26, 2012
  6. EmGeeGeorge

    EmGeeGeorge Member

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    Who is gonna be the first to print up some drunken college-girl burglar targets?
     
  7. JohnKSa

    JohnKSa Member

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    Lessons:

    1. Lock your doors at night.

    2. Don't get wasted and then wander around after dark.

    In TX there would be very little chance of the homeowner being charged given that illegally entering an occupied dwelling creates the presumption that the homeowner's use of deadly force is justified.

    Wandering into a stranger's house at 3:30AM is very dangerous.
     
  8. Tony_the_tiger

    Tony_the_tiger Member

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    If I was the girl I would take this as a hard life lesson to learn from.

    If I was the homeowner I would drop the charges, although it may be the state that needs to do that. Still...

    Time to lock the doors.
     
  9. jmace57

    jmace57 Member

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    Happened a few years ago by me, but a drunk male college student. He kicked down the door and owner shot (and killed) him.
     
  10. JohnKSa

    JohnKSa Member

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    I'm not sure that would be a good idea. I'm not a lawyer, but I suspect that having a criminal judgement against her that is related to the case may reduce the chances of her filing or prevailing in a civil suit against the homeowner.

    Maybe one of the lawyers here will weigh in.
     
  11. Rmeju

    Rmeju Member

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    ^^I would certainly get her to sign a civil release before I offered her any help on the criminal side.

    That said, I'm not sure where the common sense is here. It seems pretty clear she was wasted. I have no idea what she thought she was doing, but at .24 BAC, maybe there wasn't a whole lot of thought about it in the first place. Should she have been there? No, certainly not. But felony trespass for a drunk 21 year old college student? Come on.
     
  12. Nauga

    Nauga Member

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    1. she wasn't a student.
    2. Not everybody who lives in Boulder is a millionaire.
    <deleted>
     
    Last edited by a moderator: May 27, 2012
  13. Snowdog

    Snowdog Member

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    That was my take on it as well.
     
  14. PBR Streetgang

    PBR Streetgang Member

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    "I'm not sure that would be a good idea. I'm not a lawyer, but I suspect that having a criminal judgement against her that is related to the case may reduce the chances of her filing or prevailing in a civil suit against the homeowner."


    Not a lawyer,but retired LEO that spent time working for a high speed transit facility. In all our cases where people that were trespassing in the track area got struck by the train ,we charged them with criminal trespass to limit their ability to sue the transit agency. CYA
     
  15. beatledog7

    beatledog7 Member

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    So, not only do you have the facts the officials and reporters have missed, you also know this husband and are certain he would have responded differently if he had been alone in the house?

    You're entitled to your opinion, of course, but honestly, you come across as anything but informed.

    Back to the topic. First, I'm glad the young girl will apparently be alright. She's lucky the homeowner either didn't get a clear shot or just isn't a very good shot. If she had stumbled into the home of someone whose aim was better, she'd likely be dead.

    Second, the charges should not be dropped; the trespasser should be prosecuted to the fullest extent of the law. I'm not familiar with how the self-defense aspect plays for a typical Colorado jury, but it surely can't be a good idea to be the shooter of someone against whom there are no criminal charges. He needs a lawyer, no doubt.

    Finally, the story says the girl had been partying. Where were her friends? Why did she get the opportunity to go stumbling off drunk? Seems to me there is some culpability among the rest of the partiers.
     
    Last edited by a moderator: May 27, 2012
  16. dusty14u

    dusty14u Member

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    Really? I just moved from Virginia after living there for 35 yrs and I can't think of one time where a homeowner was charged after shooting an intruder. In fact the opposite. I can think of at least 5 shootings in the Hampton Roads area in the last few years where no charges were pressed and some were pretty shakey. In one circumstance a man recovering from surgury in Suffolk of Portsmouth fired out of a window at a man who was stealing a dog box from his yard and he hit his target and was never charged.

    I feel sorry for the young lady but it looks like she will live to see another day and hopefully this will alert her to the dangers of being drunk and the bad decisions that are made.
     
  17. PBR Streetgang

    PBR Streetgang Member

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    I'm trying to remember which states have elevated charges for this,but I know some states spell out and have higher charges for criminal trespass in a occupied dwelling at night............
     
  18. HankB

    HankB Member

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    Does Colorado have a "Castle Doctrine" type law as many other states do?

    Note to self: Continue habit of keeping doors locked.
     
  19. highlander 5

    highlander 5 Member

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    BAC level of .24,I'm amazed she was able to breath let alone walk.
     
  20. BoilerUP

    BoilerUP Member

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    So this young woman trespassing and getting herself shot is somehow the fault of her friends???

    That'd be a great way to further the concept of personal responsibility...
     
  21. PBR Streetgang

    PBR Streetgang Member

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    BAC level of .24,I'm amazed she was able to breath let alone walk.



    I've seen functional alcoholics driving(and not hitting things) at a bit over .40 BAC
     
  22. X-Rap

    X-Rap Member

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    Colorado has the famous "Make My Day Law" and if the shooting is justified which it should be, the home owners are protected from civil judgements.
     
  23. 25cschaefer

    25cschaefer Member

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    Colorado has the Castle Doctrine (which extends to businesses, owners and employees)but no Stand Your Ground.

    The owner can not be charged for shooting her in the state of Colorado, no matter how pretty, white, or stupid she was.
     
  24. Serenity

    Serenity Member

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    This is a request for opinions. I read this story to hubby and his response to my musing out loud "why would someone use a gun as their first line of home defense?" was that they wanted to shoot someone. I really couldn't refute that. Other possibilities are laziness or absentmindedness, neither of which serve as good advertisement for gun owners.

    Am I missing something? The response on here has been a sort of off-hand "this is why I lock my door" but this really bothers me. Now this homeowner will have to deal with a huge expensive legal and social hassle that could have been avoided if he had locked his door. Does having No duty to retreat extend to having no duty to exercise a little judgement to avoid shootings?

    [bangs head on keyboard for reading story to non-gun-enthusiast husband]
     
  25. DammitBoy

    DammitBoy Member

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    If the girl had been exercising any kind of judgement, she wouldn't have ended up shot. The homeowner did nothing wrong. Laying blame at the homeowners feet is just plain stupidity.

    Next, you'll be telling us girls shouldn't wear short dresses because that behavior invites rapes. Locking or not locking my front door is not an invitation to trespass.
     
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