Man Denied Consideration for Make My Day Law
KREX News Room
MONTROSE, Colo.- The man who allegedly stabbed Montrose resident to death is denied being considered for the Make my Day law.
Isaac Garcia is accused of killing19-year-old Zachary Culmer in September of 2010 after an altercation at a house party.
Garcia was considered a guest in the home where the crime took place, which creates problems under the make my day law because it was not technically his home.
The law states that an intruder must enter into a home unlawfully in order for the law to apply and for granting of immunity from prosecution to the homeowner or occupant.
According to the Montrose Daily Press, District Judge Jeff Herron found that Isaac Garcia failed to establish that he had a reasonable belief that Culmer was committing a crime in addition to unlawful entry.
That is one of the requirements a defendant who is asserting immunity from prosecution must meet, Herron Denied Garcia’s motion to dismiss his indictment.