I’ve been following the potential make my day shooting of Sean Kennedy here in Colorado Springs. Sean Kennedy is the golfer who came “home” from a party too drunk to know where he was. He made a commotion at the rear of the home in an effort to gain entry. He was shot to death for his trouble.
Since the police never release all of the facts to the public, it is a bit early to comment except to remind folks that a few years ago a woman in her 70’s shot a man who was banging on her door in Colorado Springs. At the time it was well known that there was a criminal running loose who was breaking into homes and raping old women.
The Gazette opined later (no link available):
Jean Zamarripa is the poster child for the law's supporters. On the night of Nov. 18, 2000, the then-72-year-old woman was alone when she heard someone breaking into her home. She armed herself and when Anthony Peralez forced his way through the back door, [ Jean ] Zamarripa shot him. He was arrested later that night and subsequently convicted of being the serial rapist who had been terrorizing elderly women in the area.
Anthony Peralez was sentenced to 868 years for three other rapes. He will be eligible for parole sometime around 2300 AD, if he lives that long. No one tried to claim that Jean Zamarripa should have waited until she was raped before she opened fire.
It will be interesting to see what happens to the person who shot Sean Kennedy, given that precedent.
The Gazette has more this morning:
David Webster, a defense attorney who spent 10 years as a prosecutor, said that not enough information is available to know if the shooter has a case under the Make My Day law.
"It gets murky if the door is broken but not open," Webster said, adding that it might also depend on whether the resident shot through the door.
Other factors that investigators likely will consider: the age of the residents, their physical size, whether they warned Kennedy to get away and Kennedy's actions and demeanor while he was on the property.
The residents called 911 and reported a burglary in progress, but police have not said how much time elapsed between the call and the shooting.
"The time frame will be key," Webster said. "It sounds like they were trying to do the right thing and get law enforcement there."
