Wheat Ridge, Colorado – A shooting which happened back in November of last year has been finally ruled justified by the 1st Judicial District Attorney’s Office.
On Wednesday, November 6, 2019, 24-year-old Takwon Wilson entered a stranger’s home located in the 4600 block of Parfet Street at around 11:00 p.m. The homeowner told investigators he confronted Wilson who was acting aggressively and, fearing for his life and the lives of his family, shot Wilson once in the chest.
Wheat Ridge Police Department dispatched officers to the scene and first aid was administered to Wilson until Arvada Fire Department arrived to take over. But life saving measures proved ineffective and Wilson was pronounced dead.
A news release on Tuesday from Wheat Ridge Chief of Police, Chris Murtha, said:
“This was a difficult case for our detectives as well as both families who were devastated by the death of the intruder. Regardless of the crime that was committed, one family lost a loved one and another is faced with the long-term impact of taking a life in the course of protecting his family.”
Despite the circumstances of the shooting, it took the DA’s office 7 months to rule it a justifiable homicide according to the Colorado Make My Day law.
The Make My Day law was adopted in 1985 and titled after the 1983 film, Sudden Impact, with Clint Eastwood.
According to Colorado LegiSource:
“Under Colorado’s law, any occupant of a dwelling may use deadly force against an intruder when the occupant reasonably believes the intruder (1) has committed or intends to commit a crime in the dwelling in addition to the uninvited entry and (2) might use any physical force, no matter how slight, against any occupant of the dwelling. This is a lower standard of justification than appears, for example, in Colorado’s historical self-defense statute, which is codified at section 18-1-704, C.R.S.”
These are the 5 Elements of Self-defense Law popularized by self-defense law expert, Andrew Branca:
- Innocence. The individual who starts the fight is not justified to use of lethal force.
- Imminence. The threat which lethal force is used against must be happening now, or about to happen. It cannot be a future or past threat.
- Proportionality. If the threat is not life threatening, you are not allowed to use lethal force. A proportional use of force must be used.
- Reasonableness. The decisions you made to use lethal force must be a decision that another person would reasonably make.
- Avoidance. Some states require you to remove yourself from the situation if possible before using lethal force. Other states do not require this so make sure you check with your state laws to understand what applies to you.
Click here for Andrew Branca’s Law of Self Defense so you will be better educated if you ever need to draw your weapon to protect your life.