Man’s Death Sparks “Make My Day” Debate

January 2, 2009

Colorado (ChattahBox) – The death of a 22-year-old man in Colorado Springs has local legislators debating the controversial “Make My Day” law, which allows homeowners to protect themselves and their property using deadly force in the case of home invasions.

Sean Kennedy was shot earlier this week when he had been drinking, and mistakenly tried to enter what he believed to be his own house, breaking a window on the bottom floor to climb inside. The owners, fearing a break in, called the police, and then headed downstairs with a gun to confront the suspected-robber. It is unclear how long after the call Kennedy was shot, or if he had been warned prior.

The case has left prosecutors wondering if the “Make My Day” law actually applies, as the house Kennedy had broken into had been a block away from his own, of a similar design, and containing the same house number in the address.

“The time frame will be key,” David Webster, a defense attorney for the homeowners said Wednesday. “It sounds like they were trying to do the right thing and get law enforcement there.”


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