In light of the current Ersland case, this fear is a reality... and one of the things that will end up in Curcuit Court...and is one of the issues our amended law brings with it..
(from the ColoradoStatesman)
There is no period of time or limit on what the occupant can do. The criminal may have been rendered unable to move or may even be unconscious. That does not matter under the present law. Wilbanks points out defendant’s response does not have to be a reasonable use of force. In a number of cases, after the intruder can no longer “participate” the defendant continued to inflict damage. Wilbanks writes of a case where defendant stabbed the victim 32 times and even kept stabbing him after he had fallen to the floor. The case was dismissed under “Make My Day.”
“The occupant could start by shooting intruder’s toes and work his way up and torture or even execute the intruder. The law does not indicate the threat has to be continuing.” The law should be changed to require immunity only when the threat is believed to be continuing.
(from the ColoradoStatesman)
There is no period of time or limit on what the occupant can do. The criminal may have been rendered unable to move or may even be unconscious. That does not matter under the present law. Wilbanks points out defendant’s response does not have to be a reasonable use of force. In a number of cases, after the intruder can no longer “participate” the defendant continued to inflict damage. Wilbanks writes of a case where defendant stabbed the victim 32 times and even kept stabbing him after he had fallen to the floor. The case was dismissed under “Make My Day.”
“The occupant could start by shooting intruder’s toes and work his way up and torture or even execute the intruder. The law does not indicate the threat has to be continuing.” The law should be changed to require immunity only when the threat is believed to be continuing.