No Charges Against Colorado Man Who Shot Intruder

[Red Hat]

This is sad but I would have done the same thing.

FOXNews.com - No Charges to Be Filed Against Colorado Man Who Shot Intruder - Local News | News Articles | National News | US News

Wednesday, January 28, 2009


COLORADO SPRINGS, Colo. — A Colorado Springs resident will not be charged for fatally shooting an intruder who tried to break into a home that he apparently thought was his, prosecutors said Tuesday.

James Parsons is protected under Colorado's "Make My Day" law, which allows people to use deadly force in self-defense in their home against intruders, according a statement from the 4th Judicial District Attorney's Office.

Parsons shot 22-year-old Sean Kennedy, an assistant golf pro at a Colorado Springs golf course, on Dec. 28. Kennedy had been drinking that night and apparently thought he was breaking into his own house, which was a block away.

Police handed over the case to the district attorney's office, which determined Parsons had "reasonable belief" that he and his girlfriend were in danger.

Prosecutors said Kennedy broke a window in the back door and was reaching inside to unlock it. Two dogs inside barked persistently as the couple shouted for him to leave. The ordeal lasted more than four minutes.

"A reasonable person in those circumstances would have believed that [Kennedy] was going to do a crime against them or property," said newly elected District Attorney Dan May, who oversaw the review of the shooting.

Kennedy had been drinking at a Colorado Springs golf course, and his blood-alcohol level was more than three times the legal limit for driving in Colorado when he pulled up to the Parsons' house in his pickup truck, The Gazette newspaper reported.

Friends and family members believe Kennedy thought he had arrived at his own home, which he shared with roommates.

He got out of his pickup and began shouting and beating on Parsons' door.

"[Kennedy] continued to beat and pound on the door, during which time the resident told his girlfriend to call 911, and he went into the bedroom to get his gun, a revolver," the DA's office said.

Kennedy went to the back of the house, forced open a screen door, smashed a window and was reaching to unlock the deadbolt, investigators said. Parsons then shot at him three times.

Two bullets went through Kennedy's arm and into his torso, May said.

[Glockster20]

Too bad.... I too would have done the same thing.

There is a lesson here, if you are going to consume alchohol, know when to say when, don't get sh** faced drunk!!!

[AllAmerican]

Too bad.... I too would have done the same thing.

There is a lesson here, if you are going to consume alchohol, know when to say when, don't get sh** faced drunk!!!

Bingo... Chuck, tell him what he's won.

[Scarecrow]

wow that's kind of a messed up story.. kinda feel sorry for the guy who lost his life by accident... then again he should have been able to think before he acted and got so dang hammered! I would have been shooting too. something like that would say that this guy is here to do some damage.

[HK4U]

I should hope he will not be charged. It is sad that it happened but getting drunk more often than not causes people to do stupid things. This time it had tragic results.

[AZSATT]

Idiot drunks top my list of reasons why I'm so glad I'm no longer a LEO.

I definitely would have done the same thing, but probably before 4 minutes of shouting at the moron first.

I feel bad only for the shooter and his girlfriend (and their dogs). Taking a life is never a fun feeling, and he'll live with that choice. I feel it was a good and reasonable choice - but no less difficult.

I'm really glad to hear the "system" in CO didn't favor the 'poor drunk bastard' and hang the responsible gun owner out to dry.

Tragic in the sense it was completely preventable with better decisions at the country club or wherever they play golf. A shame if you ask me... all those golf courses should be known-distance rifle ranges!

[toreskha]

wow that's kind of a messed up story.. kinda feel sorry for the guy who lost his life by accident... then again he should have been able to think before he acted and got so dang hammered! I would have been shooting too. something like that would say that this guy is here to do some damage.

Any death of a criminal is tragic, if only because the person could have better utilized their potential in life.

But considering that the guy breaking in was putting up such an act, there's no telling what he might have done when he made it inside the house and discovered unknown people inside of what he thought was his house. He could very well have hurt or killed someone, even in his mistaken idiot state.

[Jes]

. A shame if you ask me... all those golf courses should be known-distance rifle ranges!

I like golf, but that is an outstanding idea!!!