Time to extend 'make-my-day'

Self-defense and businesses

Published February 5, 2006 at midnight

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Ajury may soon decide whether Christakes Christou is a vigilant business owner defending his property from a burglar or a trigger-happy barkeep.

We're not prepared to make that call, given the sketchy facts known so far. But the case of Christou, part-owner of the ultra-hip Funky Buddha Lounge in Denver's Golden Triangle neighborhood, may lend support to a bill that would expand Colorado's "make-my-day" law.

About 3 a.m. Jan. 3, Christou shot Dwayne Stepp, a 44-year-old transient Christou claims had broken into the bar. Police say Stepp - who pleaded guilty to theft last year - was unarmed. They also note that nearly an hour passed between the time of the shooting and the bar owner's call to police.

The gunshot critically wounded Stepp, who has since recovered enough to be charged with second-degree burglary and locked up in the county jail. Christou is free on bond, charged with first-degree assault, awaiting a hearing scheduled for March 3.

At first blush, it's natural to side with the bar owner, who said the club had been broken into several times in recent weeks. Still, the hour that elapsed between the shooting and the call for help remains troubling.

One thing is clear: Christou cannot use the 1985 Colorado Homeowner Protection Act, aka make-my- day, in his defense. That law allows homeowners to use lethal force to protect themselves if they reasonably believe an intruder may endanger their lives or safety. But the law covers only homes, not businesses.

That distinction should be changed. And House Bill 1246, now before the legislature, provides an opportunity to expand self-defense rights to cover other places where predatory intruders can endanger people and their possessions.

The bill, by Rep. Cory Gardner, R-Yuma, would extend the make-my-day law to cover not only homes but also private vehicles and "temporary lodging" (hotel rooms). Gardner says he's open to amend the bill and include private businesses.

We're less persuaded of the need to shift the burden of proof in "make-my-day" cases from homeowners to prosecutors, as HB 1246 would also do. Law-abiding occupants would have an absolute right of self-defense when any intruder illegally entered a dwelling, vehicle or hotel room. Such a change would be justified if homeowners were being convicted of assault after defending themselves, but we've heard of no such cases.

Police cannot be everywhere, however, and individuals have the right to protect their families, homes and businesses. HB 1246 offers the perfect instrument to extend an essential legal safeguard.

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