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Man arrested for shooting person who tried to steal the man's car

crescent

Philosopher
crescent
Joined
Jul 7, 2011
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Colorado
This may contribute to the debate over the use guns by civilians in response to crimes. On social media I have already noticed facts getting mangled in discussions of this particular incident.

Affidavit: Man arrested for murder after confronting car theft suspects with AR-15, firing at their vehicle

Brice Fitch is accused of firing that shot following a confrontation that occurred at around 4 a.m. Friday in the 300 block of South Jasmine Street in Denver. According to the affidavit, Fitch told police he “heard rustling” when he was letting his dogs outside, and noticed the door to his vehicle was open and the lights were on.

This led Fitch to confront the suspects he said were breaking into his vehicle, and to yell “hey, get out of my car,” the affidavit says.

Fitch told police he went back inside to get his AR-15 and told another person who was home to call police. The affidavit says he then walked toward the suspect’s vehicle and that he could see a man and woman trying to get inside

“The victim observed the driver reached for the console area and drive off, [swerving] in the direction of him, and the gun went off,” the affidavit reads.

Fitch told police that the gun went off when he fell, and that he had his hand on the trigger, pulling it by accident. He said the driver’s side door of the vehicle – which was still open – “went over him.”

The suspect’s vehicle, according to the affidavit, then stopped in the middle of the block, and Fitch said he shot at the back of it twice, hitting it in the rear.
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In particular, I keep seeing people saying that Fitch fired at the people to try to stop them from stealing his car. This is not true - he saw them in his car, but by the time he got his gun, the thieves were in their own car, not his. It seems likely that Fitch's legal defense will push the idea that the first shot may have been accidental and the next two because he thought they were going to run him over.
 
“The victim observed the driver reached for the console area and drive off, [swerving] in the direction of him, and the gun went off,” the affidavit reads.
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Well there goes "guns don't kill people" I guess.
 
Guns don't just "go off". If it was "Accidental" then he had to have had his finger inside the trigger guard. Anyone that does that and isn't intending to fire is a *ding* and quite frankly, anyone that fires an AR-15 in an urban residential environment should be locked up, imo.
 
Murder 1 seems like a stretch; I suspect that will get bargained down to manslaughter.

I did find this advice laughable:

“If someone is stealing your car, call the police," Robinson said. "You have no other lawful options.”
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"Robinson said the only situations where deadly force is permissible under Colorado law are in self-defense or defense of another, as well as the Make My Day Law."


I lol'd....a Law named after a Harry Callahan expression.... I love it!
 
Lock him up

Tough luck, but then you are an idiot, so thems the breaks.
 
smartcooky said:
"Robinson said the only situations where deadly force is permissible under Colorado law are in self-defense or defense of another, as well as the Make My Day Law."


I lol'd....a Law named after a Harry Callahan expression.... I love it!
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IIRC, similar to California's Castle Doctrine, you can't shoot at a fleeing criminal outside of your home.

He's looking at doing some time for this, as he should.
 
So, basically, the would-be thieves (of the car or contents) fled, but he still shot at them with a high-velocity rifle in a residential area. If that isn't murder, I don't know what is.

Also, who lets their dogs out at 04:00?!
 
is it still murder...?

If , while making their escape, the perps drive at you/try to run you over?


Also we let our dogs out between 4-5am every morning (go to bed round 10-11pm and let the dog out every 6 hrs on avg to avoid any accidents) ...


He should not have went back outside w the gun once he found out what was going on , but having done so I don' think I'd call it murder if they were trying to run him down.
 
Pvt. Stash said:
If , while making their escape, the perps drive at you/try to run you over?


Also we let our dogs out between 4-5am every morning (go to bed round 10-11pm and let the dog out every 6 hrs on avg to avoid any accidents) ...


He should not have went back outside w the gun once he found out what was going on , but having done so I don' think I'd call it murder if they were trying to run him down.
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He let off an AR-15 in a residential area over a car ffs

Some perspective
 
Know how they feel though

I mean I had my car stolen once and the first thing I thought wasn't ring insurance.

It was if only I had a high powered semi automatic weapon while they were doing it to stop it.

Cos you know

A car is sooo important
 
Brainster said:
Murder 1 seems like a stretch; I suspect that will get bargained down to manslaughter.

I did find this advice laughable:
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Yep limiting killing as an option only when you are afraid for your life is silly, it needs to be expanded to far more interpersonal interactions. It is the american way.
 
smartcooky said:
Wait! The woman is dead too?

Where did you hear that?
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The woman is MIA. They found the deceased in the car at a second location after the fact. The other thief may not be keen on making herself known to police. Who knows if we'll ever get her witness account.

Yeah, the "swerved at me" defense seems like a desperate post-hoc explanation for why shooting a fleeing thief isn't murder. I imagine that our suspect will have an uphill legal battle to try and prove that he shot in self defense consistent with the law, as should be the case. Combine that with "the gun went off on accident", this sounds like a desperate man trying to reduce his criminal culpability after the fact.

Maybe they went with Murder 1 because retrieving the rifle and returning could be considered premeditation. I wouldn't say retrieving a gun to confront a thief necessarily criminal, but couple it with an unlawful killing and you could have a real problem. Getting a gun to confront a thief outside the home is probably not a wise course of action, even in self-defense friendly states.

Since most cases are settled with plea agreements, odds are good there won't a be thorough discussion of these matters in court.
 
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This will probably sound very ignorant hick dude from NZ, but do AR 15s not have a safety?
 
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