Why is this controversial?

There’s a Colorado Persecutor, err, Prosecutor, who is trying to make political hay out of what seems to be a fairly straightforward self-defense shooting.

 A Colorado prosecutor said he’s frustrated that the state’s “Make My Day” law prevents him from charging a man who killed an acquaintance during a drunken brawl that spilled into his home, becoming the latest test to self-defense gun laws nationwide.

So, the facts so far. Shooting happened INSIDE the home. Please note that the “Make My Day” pejorative is generally applied to “No Duty To Retreat” laws, which by definition do not occur inside homes. One is almost never obliged to retreat inside a home.

After a night of drinking at a party in the western Colorado city of Grand Junction, Cook and another man went to fight Hoskins outside his house. The fight moved inside and to Hoskins’ bedroom, where the homeowner said Cook tried to snatch away his shotgun. Hoskins tackled Cook and shot him, according to Hoskins’ account of the night, which was relayed to investigators through an attorney.

Even accounting for the info coming from an attorney, the Prosecutor does not refute that the fight started outside and proceeded inside.

Umm, guess what? That’s a legal shoot. Even assuming that this is true,

Cook’s brother, Stacey Cook, said aspects of the investigation remain undone. Prosecutors should have looked more closely at video evidence showing Cook walking away from the brawl and Hoskins following and taunting him before they fought, he said.

once the “victim” in this case entered the house with intent to harm someone inside, it’s a whole different game.

Here’s a basic rule to keep in mind. Even when you are drunk, don’t get into fights. Even if the guy is taunting you, don’t get into fights. And most especially, never pursue a person into their own house. Because when he shoots you to death, he’s right and your not only wrong, you’re dead.

After a six-month investigation, Hautzinger decided last week not to file charges

Here’s a clue. If the Prosecutor can’t find grounds to bring charges after 6 months, even with “video evidence”, then there’s no grounds to find.

In a country where any decent prosecutor can get a Grand Jury to indict a ham sandwich, what the prosecutor is saying with this outburst is that he’s pissed off that he can’t use the apparatus of the state to abuse someone who hasn’t actually broken any laws.

HT: My friend, Mike, via Facebook

4 responses to “Why is this controversial?

  1. Hey, local news to me! The district attorney basically said “It sucks all around, and not a one of these men were acting like intelligent adults, but there’s no room to prosecute. End of story.”

  2. The story I linked makes it out like the DA is pissed that he can’t prosecute the shooter.

  3. Pingback: You've been reading the Delta forum on flyertalk too much when... - FlyerTalk Forums

  4. My impression was that he was just pissed in general for having to deal with the whole situation. Which you have to admit isn’t hard to understand. No matter what, the “other side” is going to try to make it look like he’s not doing his job right.