Rifle Wrestling!

[Spyvie]

Homeowner struglles with intruder over rifle, then shoots with BU gun, then spends two days in jail. The videos are worth a look

Video

Detailed video

http://www.9news.com/news/article.aspx?storyid=90433

DOUGLAS COUNTY - Bill Fresch says he heard voices and then the sounds got closer.


Living in remote Douglas County, Fresch knew something wasn't right. At 65 years old and five days removed from knee surgery, Fresch stood up next to his bed on Sunday morning, waited and listened as the voices got closer.

Someone was in his house; they came through the window and were not welcome.

The first words from the intruder that Fresch heard were, "Jesus Christ, I didn't know anyone was in here."

Joseph D. Boone, 42, had crept into Fresch's home.

Fresch says he is very familiar with guns and the law and did what he needed to do. He felt he had no choice but to grab his gun.

"I reached for the rifle, jacked in a round, which jammed," Fresch told 9NEWS on Tuesday.

Boone then shoved Fresch and landed on top of him and they fought for control of the rifle.

There weren't many words exchanged. Fresch says he did scream for Boone to "get out of my house."

Fresch also gave Boone an out. He said: "Just leave, I'll let you leave and I won't shoot you."

However, Boone said he was afraid Fresch would shoot him as he left and the intruder refused to let go of the gun they were both fighting over. Fresch tried to convince Boone to take the magazine out of the rifle and to walk away. Boone's response: "No, I want the rifle."

Fresch says he had another gun nearby, so he reached for it and shot Boone in the head.

He then went out onto his porch and opened fire on a car with two other people inside that he believes were connected with Boone. He blew out the car's rear window as they drove away.

The Douglas County Sheriff's Office also says it is investigating a man and a woman from Colorado Springs they believe are involved in the incident. Neither has been formally booked or charged, but both are in custody.

Fresch was held in jail for two days on charges of second-degree murder. However, he was released because investigators believe he acted within Colorado's so-called Make My Day law.

A spokeswoman for the Douglas County District Attorney's office says the county hasn't had a Make My Day law case in the last six years.

Boone has an extensive criminal history dating back to 1984. It includes drug charges, resisting arrest and harassment.

To hear more of Fresch's story, click the video link.

 

[MakAttak]

Make My Day law

Can someone explain this as well as the obvious media spin on it...?

 

[ByAnyMeans]

Good Job

Bravo for the man defending his life, just wish the rifle did'nt jam in the first place. It is pretty crappy when you have to spend two days in jail for defendin yourelf against a drug user with a 24 year criminal history that has broken into your home. It's a sad day indeed. What's with the MAKE MY DAY law:banghead:, it should be titled EVERY CITIZENS RIGHT law.

 

[Spyvie]

Make My Day (from the Dirty Harry movies) is the sensationalist press term for castle doctrine.

Basically if someone you don't know enters your home without consent, you can shoot first and ask questions later.

Colorado has a mostly conservative legislature but mostly liberal big city governments. They are frequently at odds, with DAs and LE reluctant to uphold the law.

 

[SaxonPig]

Why was the resident held in jail for two days after shooting a violent intruder with a long criminal history who was in his home and assualting him?

Somebody needs to be fired.

 

[Mainsail]

You’re forgetting the other part. “Colorado’s make my day law.” That makes it sound unique.

 

[MakAttak]

Ah, so castle doctrine didn't make people afraid of it, and they've started trying to call it "Make my day" law.

I see.

How exactly does "an intruder came in and tried to wrestle my gun away from me" qualify ANYWHERE as not self-defense?

<mumble mumble> ..media bigots... <mumble mumble>

 

[serrano]

Why is everyone ignoring that he fired at a parked car from his porch... where would that be legal?

 

[MakAttak]

Why is everyone ignoring that he fired at a parked car from his porch... where would that be legal?

Without knowing the laws, I can confidently say, Texas.


(Please note this is said facetiously)

 

[30 cal slob]

this story just made my day.

 

[scrat]

Made my day too. i hope he got his guns back too

 

[TX1911fan]

If you watch the video, it appears he has several acres. If the car was on his property, and was the vehicle that brought the intruder, he may have feared that they would, upon hearing gunshots, come to the aid of their partner in crime. I'm not saying I'd shoot at the car, but they were trespassing, and were involved with a violent felon. Interesting that if caught, his accomplices can be tried for felony murder.

 

[Farnorthdan]

GOOD...One less worthless thug punk walking this planet....

 

[KelVarnson]

Sounds like someone ought to start a recall effort against that DA.

I think the victim here would have certainly been justified in brandishing a weapon at the people in the car. I think that just opening fire on the car might be questionable, legally (but maybe not questionable morally, IMHO). Considering the circumstances, and the stress and fear the vic must have been feeling, I would not convict him if I were on the jury and it was proven that the people in the car were indeed accomplices.

 

[Cosmoline]

I don't remember Dirty Harry even using the Castle Doctrine.

 

[DoubleTapDrew]

I don't remember Dirty Harry even using the Castle Doctrine.

Maybe instead of going through courts after shootings the police captain can just chew you out for a minute then you go home (with your gun of course).

 

[Auburn1992]

good for him, I heard a story of a guy who killed one intruder in his home and got like 2-10 yrs (can't remember)

 

[lbmii]

Is it just me; or does it seem like these house burgulars all go to the same barber?

 

[Dksimon]

Good thing he had that .38 spl. the good guy got to live.

Dont know why the media is making a big deal of this. The bad guy broke in an assulted the homeowner with the possible intention of killing him and the homeowner fought back. The strugle ended the BG's life.

 

[JCMAG]

Make My Day law

I've never heard of this law. I can't seem to find it in the books. Perhaps someone could assist me in finding this "make my day law"?

Seriously though, is this really the name of the law? If it isn't, I'm writing an angry e-mail this news channel.

 

[MakAttak]

Is it just me; or does it seem like these house burgulars all go to the same barber?

I think it's just you.

To me it looks like he doesn't go to a barber.

 

[42]

good god.

In the UK If I shoot and kill a burgler with a record and kill him with a LEGAL firearm and fire and injure a fleeing gremlin drug addict thief I will get 10 years for murder and get sued for millions for preventing the survivor from being able to work. I'm sorry when did robbbery and breaking aned entering become valid career options?

And once let out I will get house arrest in case I finish the job on the little twerp with the lawyer.

Interestingly I would get more protection afterwards then when several breakins have been reported.

Oh well Il just throw a discus at the burgler kick it down the stiars and hit it it is incapacitated and place a kitchen knife in its hands nick myself and call the police.

Or do what the pc Brigade want and hide/run as its my fault I keep getting burgled because I keep buying new stuff.

OK rant over I apologise because I had the above arguement offered when I attacked the law from a "liberal" and aparantly we as a country are mote enlightened as we can't own firearms for defense.

 

[buck00]

Fresch also gave Boone an out. He said: "Just leave, I'll let you leave and I won't shoot you."

Shows the criminal mindset- the homeowner gives him an option (mercy) and a chance to not only live but to escape, and the perp declines because he wants to complete the robbery.

Why is everyone ignoring that he fired at a parked car from his porch...

So you have the other two perps waiting for their buddy in a car. The homeowner is full of adrenaline and fear after almost being killed. He comes outside and sees a potential threat and takes proactive steps to neutralize that threat. Makes sense to me.

Is it legal? Not sure, but then again, had these two guys rushed in (armed) to help their burglar buddy, the homeowner could have been killed, crippled, etc. It is better to error on the side of caution.

 

[shdwfx]

Oh, I don't know. It probably did Make Mr. Fresch's Day - and the rest of his life.

That's it! Make The Rest of My Life law. I like it.

 

[blackcash88]

The "make my day" stuff is just typical liberal media spin. The correct term is "castle doctrine" or, if away from home, "stand your ground/no duty to retreat".