NORTHGLENN, Colo. (KDVR) — On Sunday, two boys were shot and killed after police say they broke a fence to gain entry into a Northglenn backyard.
Police responded to the 11600 block of Pearl Street on a report of trespass and felony menacing, and found the boys with gunshot wounds.
Investigators say when the boys were approached by the resident, there was an exchange of gunfire. The person who shot the boys is not facing any charges at this time.
Family members identified one of the boys as 16-year-old Ismael Cordova. They told FOX31’s Nicole Fierro that they are still in the dark about a lot of what happened.
What are Colorado’s self-defense laws?
Christopher Decker, a FOX31 and Channel 2 legal analyst, said there is a lot to consider here.
He said the “Make My Day” law allows a resident to shoot and kill an intruder in their home if they are being threatened in some circumstances. But, the law only applies if the shooting happened in a dwelling or home, generally not in a backyard.
“‘Make My Day’ will not apply because this happened outside the house,” Decker said.
But a self-defense argument could be a possibility, he said, depending on circumstances.
“‘Make My Day’ only applies inside of the dwelling, but the right to use a firearm, or to bear a firearm or to defend oneself or one’s property is different than the ‘Make My Day’ law,” Decker said.
He added that a person can use deadly force in self-defense in certain cases.
“If a person reasonably believes that they are subject to imminent, unlawful and deadly force by another person they do not have to wait, they can shoot,” he said.
Investigators are now looking at evidence and talking to witnesses to see exactly what happened in that backyard. Detectives say this incident is linked to a burglary in the area earlier in the day.