Prisoners using 'Make My Day' law

9NEWS at 5 p.m. 02/29/16.

DENVER - A controversial interpretation of Colorado’s “Make My Day” law documented in a series of 9Wants to Know stories will undergo legislative scrutiny Monday.

Twice in the last year-and-a-half, Colorado district court judges decided the law –- a law largely designed to protect homeowners -- can apply to inmates within prison cells as well.

Defense attorneys for inmates Aaron Bernal and Antero Alaniz successfully argued the 2011 homicide of fellow inmate Cleveland Flood was justified because both were in their prison cell when Flood came in.  

Flood sustained 90 stab wounds, according to an autopsy report obtained by 9Wants to Know.

Monday, legislators will consider a bill designed to prevent the “Make My Day” law from applying to inmates.  

Logan County District Attorney Brittny Lewton is expected to testify. She told 9Wants to Know in 2015, the decisions to apply the “Make My Day” law to prison cells would prevent her from filing murder charges in the 2014 stabbing death of inmate Cody Gray.

The law, passed by the legislature in 1985, allows “any occupant of a dwelling” to use “any degree of physical force” in order to protect the occupants from any threat.   

Copyright 2016 KUSA


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