Colorado Springs man invokes Make My Day Law after break-in
Updated On: Jan 09 2013 08:21:43 PM CST
Al Michaud is doing just fine after the break-in at his apartment late Monday. The only scar is a bullet hole he put in the wall as he shot two of the intruders.
"The door opened up quick and three guys came in," recalled Michaud. "That's when the guys said, 'You go back there, I'll take care of him.'"
Michaud told KRDO Newschannel 13 that he keeps a .357 pistol close to him because of crime around his apartment complex on East St. Vrain Street near Prairie Avenue. He said he put the gun to use before the intruders could hurt or rob him.
"There was one (man) by the door," Michaud said. "I put a bullet in his chest. I was going to shoot the other one in the chest, but the one who was closest to me hit my arm and the gun went off and hit him in his leg."
The third man ran out the door and Michaud said he knew not to try shooting him after he left the apartment.
Colorado's Make My Day Law, named from Dirty Harry's famous catchphrase in the film "Sudden Impact," allows people to use deadly force only if intruders are inside their home.
"(If intruders) come into your home, and you have that fear, you can use any kind of force and no one's second-guessing you," said 4th Judicial District Attorney Dan May. "The minute they leave your home, you've lost the protection of the Make My Day Law."
That means the law doesn't apply if a trespasser is on your property but not inside your home.
May said if someone threatens you or your property outside your residence, the law allows "reasonable" force.
"A lot of people shoot at somebody because their car's being stolen. Well, you can't do that under Colorado law," May said. "That will be a jury question whether that was reasonable."
UPDATE: On Wednesday, Colorado Springs Police identified Christopher Traveon Spencer, Mychael Jerrelle Plunkett, Justin Adam Spencer and Desiree Sade Phillips as the four suspects in this case. Christopher Spencer remains in critical condition after being shot,and Plunkett recovered from his injuries and was taken to jail.
Police said Justin Spencer, a sex offender, turned himself in Tuesday night, and Phillips, the accused getaway driver, has also been arrested.
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