No charges against Douglas homeowner who killed intruder
By Hector Gutierrez, Rocky Mountain News (Contact), Bill Scanlon, Rocky Mountain News (Contact)
Originally published 12:05 a.m., April 22, 2008
Updated 09:02 a.m., April 22, 2008
The intruder shot by a homeowner Sunday had a long list of arrests, charges and convictions, most having to do with driving under the influence and driving without a valid license.
Douglas County Sheriff's deputies say William Fresch, 65, was justified under Colorado's Home Intruder law, the so-called "Make My Day" law, in shooting Joseph Daniel Boone, 42.
Boone was found dead inside Fresch's home at 11961 S. Highway 83 near Franktown.
Boone, who lived in Parker recently but lived for many years in Colorado Springs, was arrested last month in Douglas County for driving while his license was suspended. That was the 10th time he'd been arrested for that particular charge since 1983, when he was 17.
In all, Boone had 25 brushes with the law.
Included among them were two guilty pleas to DUI, in 1986 and 1989; a restraining order filed by Denise Renee Boone related to domestic abuse in 2003; a misdemeanor drug charge in 1990; and a theft charge that was dismissed in 1988.
Fresch was arrested for obstructing a peace officer 12 years ago and for trespassing three years ago.
The "Make My Day" moniker alludes to a 1983 Clint Eastwood Movie, "Sudden Impact," in which a detective holds a gun on a suspect and says, "Go ahead, make my day," daring the man to give him an excuse to shoot.
The law says the intrusion must be of a criminal nature, such as a burglary, or that the homeowner or resident made a reasonably assumption that the intrusion was criminal.
Unlike laws in most states, the Colorado law says a person doesn't need to feel threatened to be justified in using force. It says that property crimes, not just violent crimes, are grounds for use of force.
The Associated Press contributed to this report.
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April 22, 2008
7:34 a.m.
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T2 writes:
I'll bet he died of a gunshot wound.
April 22, 2008
7:39 a.m.
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Classof80 writes:
T2 your grasp for the obivious amazes me !!! Good for the homeowner he was within his legal rights to protect his home. Glad to see the sheriff's office clear him of any wrong doing.
April 22, 2008
7:49 a.m.
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Scott writes:
Good, one less democrat to house and feed in the state prison.
Scott
p.s. I'm a registered democrat. Have been since 1974
April 22, 2008
7:51 a.m.
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Prism writes:
That was funny T2....Good for the home owner. What's amzaing
is someone actually thinks they can go into a home without being
confronted. Who thinks like that... I guess a dead man. If the sheriff's office didn't clear him, a jury would. It's a no brainer. Come into my house uninvited and see what happens.
April 22, 2008
8:12 a.m.
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airbornebigfoot writes:
I love it. this guy was a burglar, broke into a house,
and the home owner gave him something.
worked out well for everyone involved.
Nobody's taking anything from me but hot lead.
April 22, 2008
8:40 a.m.
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American100 writes:
Ahhh. My favorite. "The make my day law".
I'm glad the good guy won.
April 22, 2008
8:44 a.m.
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hdfresh writes:
Let this be a warning to all burglars. You never know if there is going to be a shotgun pointing at you once you enter.
April 22, 2008
8:59 a.m.
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Spencer writes:
Unfortunately there is nothing Democrats can do about Scott. He is free to register if he wants.
April 22, 2008
9:01 a.m.
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Harvey76 writes:
Was there really a question of whether or not criminal charges should be filed? The article does give me some concern with the use of the following phrases "appeared to be justified in his lethal actions" and "legally trying to protect himself." So there was a burgler in his house and it only "appears" that he was justified. Also, did he have to determine that there was a threat to his person before he could pull the trigger?
April 22, 2008
9:15 a.m.
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AngelontheSidelines writes:
In Britain burglars win lawsuits after being shot by the homeowner.
April 22, 2008
9:15 a.m.
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CWW writes:
And what was this guy doing out of jail? Driving numerous times without a license, DUI, drugs----I'm sure he just dropped in on that house to have a cuppa coffee.
Glad there's one less scumbag around.
April 22, 2008
9:16 a.m.
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EastVail writes:
Awesome
April 22, 2008
9:26 a.m.
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Golden writes:
I'm slightly confused. I am under the impression that the law was clear. If someone, without an invitation, is in you home and you have a reasonable suspician that he MAY INTEND to cause you harm, you have a right to protect yourself without fear of criminal prosectution. (I am no expert on this subject.)
Why would the Sheriff's office have to clear him? I did not break a single law yesterday. Can I get someone from the Sheriff's offce to clear me of any wrong doing?
Seriously though. I am gald the Sheriff made this announcement quickly and directly. It sends the right message.
April 22, 2008
9:33 a.m.
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Darwin writes:
AngelontheSidelines said: "In Britain burglars win lawsuits after being shot by the homeowner."
That is why you want to make sure they are dead.
April 22, 2008
9:37 a.m.
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Scott writes:
Golden, the sheriff needed to determine that it was a legitimate case of self defense and not, as and example, a drug deal gone bad.
BTW, Coloradans have ALWAYS been able to use lethal force to defend themselves. The mis-named "May My Day" law was to keep prostitutes (lawyers) from suing the defender when they legally wasted a poor misunderstood democrat. The dip$#!t left jumped onto that law and twisted its meaning to try and make it look like Colorado was going "old west."
Yeh Spencer, I'm a democrat ... deal with it.
Scott
April 22, 2008
9:45 a.m.
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AngelontheSidelines writes:
CWW, glee at any person's death negates their as well as the gleeful's humanity.
Awesome?
Human scum is still human, and to cheer someone's death shows how little you regard life. What is your stance on abortion? Are all those unborn babbies republican?
April 22, 2008
9:54 a.m.
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RickyLee writes:
Harvey. You have to believe a crime is in process, or is going to be comitted, when using the make my day law in your house. Then
you have to express that to the D.A. when they're deciding wether
or not to charge you.
I'm glad the scumbag thief is dead. Let this be a lesson to all the other scumbags who seek to do us harm.
I'm waiting for the bleeding-hearts and gun-grabbers to scream what an injustice this is. Sorry, justice has been done. Here's hoping this happens to a few more worthless criminals. Perhaps then they'll get the message.
"NOTHING IN HERE IS WORTH YOUR LIFE"
April 22, 2008
10:57 a.m.
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hikingartist writes:
I'm with you angel. I have never understood cheering the death of someone I never knew. Death is death and I doubt the homeowner is celebrating what happened. Sometimes, there are no winners.
April 22, 2008
11:09 a.m.
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CheapEnergyNow writes:
Scott,
Nice to have a thinking Democrat. I used to be one as well. Born and raised in strong pro-union western Pennsylvania. My grand dad was a union organizer.
"I didn't leave the party, the party left me."
Ronald Reagan.
April 22, 2008
11:11 a.m.
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Spencer writes:
Scott you are a Democrat like Ward Churchill is a Republican. Name only
April 22, 2008
11:17 a.m.
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ramblinrose writes:
Hopefully most of the "he deserved what he got" posters aren't Christian...cause I've been told Jesus said "turn the other cheek" you know forgiveness and all that...i can imagine killing someone if you are "healthy" does not consist of feeling good after you do it! The fact that people cheer at someone's unfortunate death right or wrong shows ignorance and a lack of humanity as well as just being rude. My usual experience is that folks speaking of an "eye for an eye" or asking for revenge or in support of the death penalty etc. etc. are usually the very ones whose lives have not been touched by any violence except for what they read in the newspapers or see on t.v. If you've lived through it you know it isn't fun, it isn't satisfying, it makes you sick! For those of us who have survived violence (my mother's murder by my brother)...one might say "enough is enough" there is a double tragedy here...someone got killed and people cheering! I did not feel my brother's death made up for the loss of my mom...instead I feel as if I no longer have a brother or a mother...everyone loses when death is the only choice made. We lose our souls when we cheer at someone's death...time to go to church folks...Christianity or any other religion doesn't seem very obvious here!
April 22, 2008
11:30 a.m.
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nitro05 writes:
Republican, Democrat,Black, White, Purple.ther same thing would happen if you come into my home uninvited....thank god the old man was on his toes or he could be dead and we would have to pay to keep a lowlife like that alive...hurrah for the second ammendment!!
April 22, 2008
11:30 a.m.
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Eric writes:
ramblinrose....it is not about god....it is about protecting your family/yourself and your property against criminals. People need to stop being victims, and this law is grounds for standing up for yourself and others. I am not PRO death but I do believe in protecting my family at ALL costs. If an intruder is in my home, which is a threat to my wife and children, they will be shot or beaten to death. I am not "cheering" for Mr. Fresch in this case...I am comending him for doing the right thing. Stand up for yourself RamblinRose.
April 22, 2008
12:13 p.m.
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RickyLee writes:
Forget church. Let's execute more scum,
that is, if I can get a clear shot around my German Shepherd...
All you criminal scum, come on over to my house and see what it gets you!
MAKE MY DAY
April 22, 2008
12:21 p.m.
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happymike44 writes:
What are you supposed to do when someone breaks in.Get them a glass of milk and some cookies while they rob and murder you.I know I would do whatever it takes to protect myself and those in my household if I had no other choice.These dirtbags break into homes and expect no one to protect themselves.But if you don't protect yourself then you end up in a body bag.So I can not feel sorry for the dirtbag offender.I am sorry for his family to live through this mess.But to them remember he left that family no other choice,but to take care of the problem he created.
April 22, 2008
12:24 p.m.
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holekeeper writes:
Eric, You make a great point, Ramblinrose, while I am sorry for your loss on both ends the feelings change when its a person you care about commiting the crime. My sister was killed in on 4/22/1999. She was killed by her boyfriend. I was in the army at the time, I want that man dead more than anything, not because it will bring her back but, why should he live? A bad life or not why should he have even one second of hope or fun or pleasure when my sister missed her daughter growing up? all you "poor criminal" types are the ones that have never experanced any deep harm come to your family from a criminal. Let people vent. Let people say they are not sad this scumbag died, with out deciding they are bad people. I am from Colorado and this state makes me sick every day.The fishing is good though!
April 22, 2008
12:38 p.m.
Suggest removal
dwood writes:
Our home was burglarized 2 years ago. Unless you have experienced this and know what a personal violation this is to your peace of mind and sense of security in your own home, shut your pie hole about the forgiveness and Christianity and being human. There is no religion or belief that takes away the pain and fear this brings to your family. I am very supportive of the good citizens on this earth that take the stand and protect themselves, their families and their property. I'm with RickyLee, come on in and take your chances. I only wish I would have been home when these 5 scum bags broke into my home, I would have been able to prevent 3 more burglaries these pigs were responsible for and we wouldn't have to be feeding the scum in prison now. I AM a good shot!
April 22, 2008
12:41 p.m.
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holekeeper writes:
dwood you the bomb!
April 22, 2008
12:56 p.m.
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Jenlane writes:
Why is it that a law exists that allows you to protect your property and possessions from a burglar and allows you to use lethal force, but you cannot do the same to protect your child or a loved one from a sex offender?
April 22, 2008
1:03 p.m.
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lola writes:
joe had three kids
April 22, 2008
1:20 p.m.
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lola writes:
just kidding...not sure if he had any kids or not...just wondering if that made a difference....sad situation for all
April 22, 2008
2:04 p.m.
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RickyLee writes:
Jenlane. You can, and should.
April 22, 2008
3:36 p.m.
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CalebTGL writes:
Jenlane: Colorado law does have provisions for a person to defend themselves or a third party against the threat of sexual assault. See:
18-1-704 Use Of Physical Force In Defense Of A Person
2. Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:
2.(c.) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402 or 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 or 18-3-203.
April 22, 2008
4:10 p.m.
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CWW writes:
Sorry, angel, I stand by my comment. Wait until you've been broken into, mugged or carjacked by some criminal scum. This guy should have been in jail, but the leftie justice system let him out. Now he won't be abusing, driving drunk or selling drugs anymore.
No, we can't "all just get along" with crimnals.
April 22, 2008
4:11 p.m.
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CWW writes:
Oh, about abortion---since it's legal, it's not on the table for discussion here.
April 22, 2008
5:28 p.m.
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MrBean writes:
One thing that bothers me is the paper's policy of doing a background check on anyone it prints a story about and including that even if it's not relevant:
"Fresch was arrested for obstructing a peace officer 12 years ago and for trespassing three years ago."
If there was some doubt or if Mr. Fresch had been charged, I think it would be relevant but in this case it just seems like unnecessary invasion of privacy. Yes, I know that arrests are a matter of public record, but in my mind there is a huge difference between someone (employer, etc.) doing a background check on a specific person for cause and just printing this in the paper for everyone to see for no good reason.
April 22, 2008
8:53 p.m.
Suggest removal
ochis writes:
Good, I'm glad that a white man shot another white man. Get that scum bag off the streets or better yet the authorities should have deported his lame ass back to Europe where he or his parents came from before he was killed.
April 22, 2008
10:25 p.m.
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happymike44 writes:
All I know is if I faced a intruder in my home black or white.They both would receive the same treatment.I am hearing impaired and have been accosted more times then I can count.When you are disabled people try to treat you like a sucker.This guy accosted me while walking my dog.He grabbed me and the dog(a German Sheperd)grabbed him.My service dog was trained to protect me.The neighbors called the police.I was lucky he had severely injured others before me.I was able to get away from him,he is in jail.Just recently my replacement dog (a Siberian Husky) growled at the guy who would not let me get in my car while trying to mug me.My dog jumped out and showed his teeth.This guy backed up and left.So because it is not safe I must take him with me everywhere. I found him on death row.He is a very likeable fellow.Someone who saved me from the loss of my sheperd.This dog is very special to me.Because everyday he is proof that every dog needs love and a home.So please try to understand when I say I do not want to hurt anybody,but come into my home and your in a lot of trouble.Don't worry about the dog,worry about me!I am not a violent person,but I am sick of people who violate people's personal space and rob them blind.So if you break into someone's home and get killed.You created the problem and they just finished taking care of the problem.To the homeowner you did not ask for this.This person left your family no choice,but to protect yourself.Looks like the good lord was watching over you that night.
April 23, 2008
6:28 a.m.
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Radar writes:
I like that law, good show Mr Fresch, I'm sure this bonehead will not be missed by the general public. You did us a great service.
Thank you.
April 23, 2008
9:04 a.m.
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kathyM writes:
Yes, it's sad that a homeowner had to resort to shooting an intruder. But he was totally justified in protecting his property, himself, and his family. Burglary is NOT a lifestyle choice--it's a crime. I will give no quarter to anyone who tries to harm my family.