Daily Press News Editor
DENVER — Not everyone is a fan of a pending bill to expand Colorado’s “Make My Day” protections to businesses, but Montrose Police Chief Tom Chinn said he did not believe the measure’s passage would necessarily increase violence.
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Colorado already allows homeowners to use deadly force when they have a reasonable fear an intruder is threatening them or other occupants with physical force, no matter how slight. The new bill changes Colorado Revised Statute 18-1-704.5 to include the word “businesses.” It contains provisions detailing when the use of deadly force is presumed justified.
“I think it (the law) needs to be extended,” Montrose Police Chief Tom Chinn said Thursday, acknowledging his view was a departure from that of other members of the legal community.
“That may not be a popular stand as far as law enforcement and the district attorneys are concerned; I know it makes it tougher. But I think people need to be allowed to protect themselves a little more. I think it’s a good thing.”
District Attorney Myrl Serra thinks otherwise. Though he said he strongly supports gun rights, he expressed fears the measure would promote vigilantism.
“That’s bad. That’s what law enforcement’s for,” he said. “I’m all for gun rights, but I think this is something that could go bad.”
He pointed to an Associated Press story about a Minnesota farmer who was charged with assault. Kenneth Englund, 74, allegedly chased down a younger man in a high-speed pursuit while using his cell phone to ask authorities whether he could “blow the guy away.” The second man had apparently stolen a small amount of gasoline and was arrested for theft. Though the shotgun was unloaded, the local sheriff called the incident “an invitation to a shoot-out” where many things could’ve gone wrong.
“That’s what this (expanded law) will lead to,” Serra said.
Colorado Rep. Ray Rose, R-Montrose, said there was no proof HB 1011 would lead to increased violence — fears he’d heard before, when the original Make My Day law was passed.
“We heard a great deal of conversation when we passed the original how Colorado was going to be a bloodbath and that has not taken place. If anything, it’s gone the other direction. We’re hearing the same rhetoric now. I beg to differ.”
Serra said the measure, as written, would presume that simply because a business owner used deadly force against an intruder, he or she had a legitimate reason to do so.
“It takes out the hesitation that would keep somebody from shooting. You don’t even have to have a reasonable belief. ... It’s shoot first, ask questions later. That’s a bad way to go through things.”
He said existing Make My Day provisions were appropriate and adequate. “A person’s home is his castle and you can take steps to defend that more than anything else,” he said. “If it (Make My Day) ain’t broke, don’t fix it.”
Colorado also has self-defense laws, which a person can use as an affirmative defense for his or her actions. Self-defense basically means he or she was justified in those actions as per the statute. A prosecutor must prove beyond reasonable doubt that the actions weren’t self defense.
By contrast, the deadly force legislation bars prosecution in the first place.
“You always have the right to defend yourself, but it has to be reasonable in face of the threat,” Serra said. “If you’re having trouble at your business, you call the police. Defense of property is not a reason to be shooting somebody.”
Chinn said he understood critics’ point of view, but law enforcement should be able and willing to thoroughly investigate incidents of deadly force.
“I think the DA is very correct in what he’s saying, but I also think this is going to be a benefit to property owners, whether it’s your house or your business.”
He did not think it would promote vigilantism.
“I don’t believe anyone rational wants to hurt, or kill or harm anyone, but I think there is a time and a place to protect yourself. Whether it’s self-defense or Make My Day, I think people should be allowed to protect themselves and this is just one more element to allow that to occur.”
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