A man who shot and killed a potential intruder has been cleared by Colorado's "Make My Day Law."
Sean Kennedy, 22, was shot and killed December 28, 2008. Police say he was trying to forcibly enter a home in Colorado Springs.
Investigators say James Parsons and his girlfriend were in the home at the time when Kennedy was trying to force his way into the home. The investigation shows Kennedy was yelling obscenities and appeared to be angry and upset. He was pounding on a door, at which time Parsons and his girlfriend dialed 911.
Kennedy then went around to the back door, investigators say, and punched out a pane of glass in the door nearest to the dead bolt. When Kennedy reached his arm in to unlock the door, Parsons fired his gun three times.
Evidence from the dispatch tape and from investigative interviews indicated that James Parsons and his girlfriend were both terrified during the incident and were traumatized by the events.
It was also determined that Kennedy lived a block over from the home he was trying to break in to, and had been drinking with friends at a local golf course prior to the incident. His blood alcohol level at the time of the autopsy was more than three times the legal driving limit.
Colorado law recognizes that citizens have a right to expect absolute safety within their own homes. Parsons has been cleared of any wrong-doing and will not be prosecuted.