A judge denied a Colorado woman's request for immunity from prosecution under the state's "Make My Day" law for the strangulation death of her estranged boyfriend.
Attorneys for 48-year-old Marla Abling argued that 45-year-old Rory Alba unlawfully entered her Lamar apartment in January and that she had reason to believe he could harm her because of their previous history. Abling had a temporary protection order against Alba.
KUSA-TV reports Wednesday that a Prowers County judge ruled against Abling. Prosecutors argued that a first-degree murder charge was appropriate because a witness at a salon allegedly heard Abling talk about ways of killing Alba.
Authorities say he was strangled with an electrical cord.
Colorado's "Make My Day" law protects homeowners from prosecution when they use deadly force in self-defense against an intruder.