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An Erie woman who was arrested on murder charges this week — after she stabbed two men who broke into her house, assaulted her and attempted to steal her medical marijuana — might be able to use Colorado’s “Make My Day” law to defend herself in court, a legal expert said Wednesday.
The law, which allows a person to defend themselves with deadly force when others are breaking into their home or business, was passed in 1985 and has been used several times in criminal cases.
This week, Karen Elaine Cordova, 47, was arrested and charged with second-degree murder and attempted murder after the Saturday morning incident at her home just outside Erie in rural Weld County.
According to affidavits in the case, the two men — Kyle Dust and Stephen Erikson — broke into her home where she sold medical marijuana. Court records state it was the second break-in at the house for the two men, just hours apart.
After the men confronted her in her home and one of them hit Cordova, she then stabbed both men with a 5-inch knife.
Erikson was able to leave the house and drove to a friend’s house in Erie for help. An ambulance was called for Erikson, along with the Erie police. He remains in the hospital in critical condition.
Police later received information that Erikson was with another man, who was also stabbed. They went to Cordova’s home and found Dust’s body in the back yard. As she was being arrested, Cordova said, “I’m not going to lie. What would you do if someone broke into your house at 2:30 in the morning? I’m a single woman.”
Later, after she learned Dust was dead, Cordova stated “Oh my god. I didn’t know that I killed him. They were coming for me. They were coming for me.”
Those circumstances — if it is true the men were burglarizing Cordova’s house — could qualify the case for the Make My Day Law. On Wednesday, the Weld County Public Defender’s Office filed to represent Cordova in court. They couldn’t comment about whether they will be using the Make My Day law as a defense.
The Weld District Attorney’s Office also declined to comment about the case.
However, University of Colorado Clinical Law Professor Ann England said that because of Make My Day, the Cordova case is “compelling.”
An Erie woman who was arrested on murder charges this week — after she stabbed two men who broke into her house, assaulted her and attempted to steal her medical marijuana — might be able to use Colorado’s “Make My Day” law to defend herself in court, a legal expert said Wednesday.
The law, which allows a person to defend themselves with deadly force when others are breaking into their home or business, was passed in 1985 and has been used several times in criminal cases.
This week, Karen Elaine Cordova, 47, was arrested and charged with second-degree murder and attempted murder after the Saturday morning incident at her home just outside Erie in rural Weld County.
According to affidavits in the case, the two men — Kyle Dust and Stephen Erikson — broke into her home where she sold medical marijuana. Court records state it was the second break-in at the house for the two men, just hours apart.
After the men confronted her in her home and one of them hit Cordova, she then stabbed both men with a 5-inch knife.
Erikson was able to leave the house and drove to a friend’s house in Erie for help. An ambulance was called for Erikson, along with the Erie police. He remains in the hospital in critical condition.
Police later received information that Erikson was with another man, who was also stabbed. They went to Cordova’s home and found Dust’s body in the back yard. As she was being arrested, Cordova said, “I’m not going to lie. What would you do if someone broke into your house at 2:30 in the morning? I’m a single woman.”
Later, after she learned Dust was dead, Cordova stated “Oh my god. I didn’t know that I killed him. They were coming for me. They were coming for me.”
Those circumstances — if it is true the men were burglarizing Cordova’s house — could qualify the case for the Make My Day Law. On Wednesday, the Weld County Public Defender’s Office filed to represent Cordova in court. They couldn’t comment about whether they will be using the Make My Day law as a defense.
The Weld District Attorney’s Office also declined to comment about the case.
However, University of Colorado Clinical Law Professor Ann England said that because of Make My Day, the Cordova case is “compelling.”