All charges against the owner of a Denver bar accused of shooting a burglar should be dismissed under Colorado’s “Make My Day” law, a defense lawyer argued Tuesday.
Christakes Christou was charged with first-degree assault after he shot Dwayne Stepp, who broke into Christou’s Funky Buddha bar at 3:11 a.m. on Jan. 3.
The question is whether Colorado’s Make My Day law, which says the occupant of a dwelling has the right to shoot an intruder, applies to a business.
Defense lawyer Larry Pozner claims it does because Christou sometimes spent the night at his bar.
Denver prosecutor Dawn Weber, however, said the law, which specifically uses the word “dwelling,” pertains only to homes.
“We think that is legally incorrect,” Weber said.
Former prosecutor Karen Steinhauser, now an adjunct professor at the University of Denver School of Law, said the legislature never intended to provide Make My Day protection to businesses.
“I believe the intent of the law is to enable people to protect their families and themselves in their homes,” Steinhauser said. She said Christou, however, can claim self-defense.
Pozner said Christou was acting in self-defense, defending his business and defending his property when Stepp broke into the bar.
Pozner claims that Stepp broke into the bar four times in the three weeks before the shooting. He also claims Stepp has a lengthy criminal record, using a variety of names.
Stepp pleaded guilty to trespass for the break-in and was placed on probation. The probation was later revoked, and Stepp was sentenced to two years in prison.
Pozner has requested that Denver District Judge Christina Habas take immediate steps to hear the Make My Day claim.
“We’d like a hearing very rapidly on Make My Day,” Pozner told her.
The judge set a hearing late next month to hear the argument.
Staff writer Howard Pankratz can be reached at 303-954-1939 or hpankratz@denverpost.com.
