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The Moffat County District Attorney's Office weighed several legal scenarios before offering a plea bargain last week in the area's first murder case in more than a decade.
Hugo Antonio Silva-Larios pleaded guilty Wednesday to reckless manslaughter in the October shooting death of James Calvin Pogline, 32.
According to the terms of the plea, the 17-year-old Mexican national will receive two to six years in prison, instead of the 16 to 24 years he faced if convicted of murder by a jury.
A judge will determine a specific sentence in the case during an Oct. 5 hearing.
District attorneys originally planned to try the case relying heavily on a "Make My Day" law, St. James said.
The Colorado law states that an occupant of a home can use deadly force against an intruder. However, the occupant can only use deadly force if he or she believes the intruder intends to use physical force against them no matter how slight.
"If a guy comes in and takes silverware and leaves, the occupant can't shoot. But if a guy comes in and takes silverware and holds a knife, then it's O.K. to shoot," St. James illustrated.
http://www.craigdailypress.com/section/frontpage_lead/story/18270
Hugo Antonio Silva-Larios pleaded guilty Wednesday to reckless manslaughter in the October shooting death of James Calvin Pogline, 32.
According to the terms of the plea, the 17-year-old Mexican national will receive two to six years in prison, instead of the 16 to 24 years he faced if convicted of murder by a jury.
A judge will determine a specific sentence in the case during an Oct. 5 hearing.
District attorneys originally planned to try the case relying heavily on a "Make My Day" law, St. James said.
The Colorado law states that an occupant of a home can use deadly force against an intruder. However, the occupant can only use deadly force if he or she believes the intruder intends to use physical force against them no matter how slight.
"If a guy comes in and takes silverware and leaves, the occupant can't shoot. But if a guy comes in and takes silverware and holds a knife, then it's O.K. to shoot," St. James illustrated.
http://www.craigdailypress.com/section/frontpage_lead/story/18270
