Fortify 'make my day'

Bill would extend protection to business owners

Published February 15, 2007 at midnight

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After a couple of weeks of stalling by opponents, the state House on Wednesday voted 34-30 to expand Colorado's "make my day" law so that a strengthened right to self-defense would apply not only to homes but also businesses.

It's a useful extension of a statute that's been on the books since 1985. We hope Senate Democrats will ignore appeals from most (but fortunately, not all) of their colleagues in the House and pass this clear improvement in the law.

Last year's version of this extension of Colorado's "make-my-day" law, introduced by Rep. Cory Gardner, R-Yuma, went nowhere, which is fine by our account. It had some worrisome flaws, allowing lawful occupants of a home or vehicle to use lethal force on an intruder even if there was no evidence that he threatened to harm someone.

So Gardner came back this year with House Bill 1011, which in its current form would simply add the term "or place of business" to the law that gives Colorado residents "a right to expect absolute safety within their own homes."

It would allow the occupant of a residence or business (but not a vehicle) to use lethal force without fear of prosecution or civil liability under limited conditions: The intruder must have entered the property unlawfully; he has either committed or is expected to commit a crime other than trespass; and the legal occupant has reason to believe that the invader means to inflict physical harm on someone there.

These conditions now prevent prosecutions against homeowners under make-my-day; HB 1011 would apply them to business operators, too.

Opponents act as if the bill would declare open season on innocent Coloradans. Rep. Gwyn Green, D-Golden, said Wednesday, "This legislation encourages a culture of violence. . . . We don't just blow people away."

But HB 1011 would not allow a dishwasher to shoot a drunk who innocently stumbled into a restaurant kitchen and passed out. To avoid prosecution, there must be a reasonable belief that the intruder planned to commit a crime or intended to harm the diners or staff.

Which brings us to the case of Christakes Christou, who owns the Funky Buddha tavern in downtown Denver. Early in the morning of Jan. 3, 2006, Christou lay in wait inside the bar after it closed, hoping to catch whoever it was who Christou said had burgled the establishment several times before.

Surveillance tapes showed a transient indeed broke into the bar that morning. Christou shot the man, who subsequently recovered and was charged with second-degree burglary.

But the bar owner was initially charged with attempted murder. He later entered a plea agreement that placed him on two years probation and required 50 hours of community service.

Christou's defenders say he should have never been prosecuted at all. We haven't seen the tape, but certainly business owners should not have to stand aside when someone breaks into their establishment and signal for the fellow to help himself. Nor is it wrong for someone who's endured repeated break-ins to act as a sentinel on his own property.

The Senate should extend the make-my-day principle, and send HB 1011 to Gov. Bill Ritter's desk.

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