By Michael Karlik | Colorado Politics
A defendant cannot avail himself of the immunity Colorado law affords those who use lethal force against home intruders, the state Supreme Court ruled on Monday, because his victim was not inside any “dwelling” when he fired the shots.
Joseph M. Howell stands accused of attempted murder and other charges. In February 2023, a man allegedly came to the ground-floor apartment in Denver where Howell lived with his mother. The man was reportedly acting “wild” and “threatening.” At one point, the man stepped onto the concrete pad separating apartment complex’s yard from Howell’s door. From the apartment, Howell shot the man in the face through a barred, closed security door.
In response to the criminal charges, Howell invoked Colorado’s “Make My Day” law, which permits people to use “any degree” of force — even deadly force — against an intruder. Immunity kicks in only in a “dwelling” and when a home occupant believes the intruder is about to commit another crime.