Drunk man shot dead trying to get into house he thought was his

Drunk man shot dead trying to get into house he thought was his

Colorado's 'Make My Day' law eyed in home shooting

Wed Dec 31, 9:07 pm ET

COLORADO SPRINGS, Colo. – Prosecutors are considering whether a Colorado law meant to protect homeowners against intruders applies in the case of a man killed outside a house he mistakenly thought was his.

The parents of 22-year-old Sean Kennedy said detectives have told them their son, who had been drinking, was shot Sunday night after breaking a window to try to get in through the back door of a house a block from where he lived.

"The detectives agreed from everything we told them and from the way things looked that was pretty much what happened," said Kennedy's mother, Lisa Kennedy, told the Colorado Springs Gazette.

Under Colorado's "Make My Day" law, people are allowed to use deadly force in self defense against intruders in their home.

The street numbers of the house where Kennedy was shot, 3212, are the same as the house where he lived. Kennedy's house has a wooden privacy fence in the backyard, while the home where he was shot has a chain-link fence. His friends said he was in no condition to notice the difference after an evening of drinking and watching the Denver Broncos game at a friend's house.

Two people were inside the house that Kennedy tried to enter, police said. Police declined to identify them.

Colorado Springs police spokesman Lt. David Whitlock declined to comment on the account given by Kennedy's parents but said the right to self defense will play a role in the district attorney's decision whether to file charges.

David Webster, a defense attorney and former prosecutor, said it's still unclear whether the "Make My Day" law will apply to this case.

"It gets murky if the door is broken but not open," he said. Prosecutors also must consider whether Kennedy was warned before being shot.

The occupants of the house called police to report that they believed a burglary was occurring. Police have not said how long after the call that shots were fired.

"The time frame will be key," Webster said. "It sounds like they were trying to do the right thing and get law enforcement there."

Kennedy was an assistant golf pro at a Colorado Springs golf course.

Source: http://news.yahoo.com/s/ap/20090101/ap_on_re_us/home_shooting