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Self-defense doesn’t end when the threat goes down. That’s when the real battle begins. Lawyers. Prosecutors. Headlines. USCCA Members never fight that battle alone. Find out how.
A Colorado homeowner says he fired because a teenager came at him with a lawn chair. Prosecutors apparently see it very differently.
Robert Loesch, 52, now faces attempted second-degree murder and first-degree assault charges following an Oct. 1 shooting in Lafayette, Colorado.
The case raises a messy self-defense question. How far does a homeowner’s right to defend himself extend when the suspected intruder never actually enters the home?
Table of contents
Teen Allegedly Tried the Door
According to CBS Colorado, police received several calls shortly after 10 p.m. about someone causing a disturbance along Sidon Circle.
Witnesses reportedly described 17-year-old Riley Murray as yelling, speaking incoherently and appearing intoxicated.
Doorbell-camera footage cited in the arrest affidavit reportedly shows Murray trying to open Loesch’s storm door. He also allegedly banged on the door and a window.
Loesch retrieved a Kahr PM9 handgun. The footage reportedly shows a red laser being aimed at Murray from inside the house.
Here is where the situation took a major turn.
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According to the affidavit, Murray moved away from the entrance and picked up a lawn chair. Loesch then unlocked the door, opened it and stepped outside while holding his handgun.
Murray allegedly threw the chair toward Loesch. Loesch fired, blocked the chair with his arm and fired again. One bullet was later recovered from the chair. The second struck Murray in the abdomen.
The footage reportedly shows Loesch ordering the wounded teenager not to move. At one point, he placed a foot on Murray’s hand while pointing the gun at his back.
Loesch remained at the scene and cooperated with police.
Teen May Never Walk Again
Murray suffered serious injuries to his bowel, spine and kidney, according to the arrest affidavit.
His mother told CBS Colorado that he spent time in intensive care and underwent two surgeries. She said he could remain hospitalized for two or three months and might never walk again.
Loesch told investigators that Murray’s behavior frightened him. He described the shooting as a “reactionary moment” after the teenager came toward him with the chair.
Police arrested Loesch two days later after reviewing witness statements and video evidence. He posted a $25,000 bond and was released under conditions that prohibiting him from possessing weapons.
The charges remain allegations. Loesch is presumed innocent unless proven guilty.
Does Colorado’s ‘Make My Day’ Law Apply?
Colorado’s “Make My Day” law provides broad protection when someone unlawfully enters an occupied dwelling.
However, the statute specifically requires that the other person has made an unlawful entry into the home. The occupant must also reasonably believe the intruder committed or intended another crime and might use physical force against an occupant.
Based on the allegations, Murray tried the door but never crossed the threshold.
CBS Colorado legal analyst Raj Chohan said that distinction likely takes the shooting outside the state’s “Make My Day” protections.
That does not necessarily eliminate every possible self-defense argument.
Loesch’s attorneys could argue that the chair represented an immediate threat capable of causing serious injury. Prosecutors can counter that Loesch opened the door and stepped outside after Murray had moved away from the entrance.
That decision could become the central issue.
The affidavit also says Loesch initially intended to fire a warning shot. He reportedly told detectives that he kept a standard ball round in the chamber for that purpose, followed by hollow points in the magazine.
That statement may also receive plenty of attention in court.
What Would You Have Done?
This case does not present a clean home-invasion scenario.
Murray allegedly tried to open the door, acted erratically and eventually threw a chair. However, he apparently never entered the home. Loesch also chose to open the door and confront him rather than remain behind the locked door and call 911.
Was Loesch protecting himself from an immediate threat? Or did stepping outside turn a defensive situation into an avoidable shooting?
Let us know where you come down.
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
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Self-defence usually requires a legitimate belief in impending harm or death. Going from the safety a house, outside, to face someone is not usually the action of someone who is afraid for their own well being. That said, the court will have to ascertain when the shooter became fearful for his life.
so basically it’s advantage criminal???
Teenagers are stupid. That’s a fact. Now add, “Play stupid games, win stupid prizes.”
I Google Street mapped the town and the location as reported. This is a suburb just north of Denver, just east of Boulder, mostly single family homes tightly crowded together. This specific street is a short cul-de-sac in the very corner of the town. I believe the setting contributes to the perspectives of all of its inhabitants, and anyone who accedes to living here must be a liberal.
I wasn’t at the scene while this event took place, so I am not going to be another commenter here fabricating elements of the scenario to suit a narrative. I don’t know how big a “kid” this was, I don’t know what Mr. Loesch’s estimation of his own physical ability to go hand-to-hand with this kid in close quarters combat. These aren’t stated in the report and I won’t speculate. I won’t speculate about all the possible things the kid intended to do with the chair, including throw it through Loesch’s front window.
My position is not so much about the Castle Doctrine or about the Make My Day law. My position is that abortion should be legal up to the age of 18. I won’t speculate if that was Loesch’s position either.
Suspect had stopped and was walking away and occupant opened door to re-engage – should have remained indoors and called police.
I’m sorry but no, I dont think he can claim self defense. He should not have come out of the house, then fired. The home owner is in trouble. Just because we have better laws regarding our 2A rights doesnt give us a blanket shoot anyone on our property. Did he even call 911 first?
Oh boy I think that guy is going to have a bad day in court.
“Teen May Never Walk Again”
I guess he’ll think twice before doing that again.
This is in Colorado, so any benefit of the doubt is gone already along with any chance of a sympathetic jury. I hope he has a good lawyer.
He shouldn’t have gone outside bt yo still shoud have the right to defend yourself on your property. In this case he may have made a bad decision with a kid high on drugs or drunk. Police make this kind of mistake often. You should not have to become injured before you can protect yourself.
If the homeowner is ‘presumed innocent’ until proven guilty, why was his firearms taken and his ability to protect himself/family until this goes to court in probably a year or two? Ridiculous… All you pro-2nd amendment lawyers out there should be all over THAT one.
“How far does a homeowner’s right to defend himself extend when the suspected intruder never actually enters the home?”
That important question apparently depends on whether or not you live in a ‘blue’ or ‘red’ state. And commenting on the ammo he used was a BIG no-no. And in most municipalities firing a warning shot can get you in even bigger trouble. The defense will argue he used those ‘evil hollow-point man-killers’ deliberately intending to maim someone. Well yes, that’s what guns do. And it’s been proven hollow-points are actually safer to use because of lessening the chance of over penetration, especially in a home environment. Hollow-points are designed to dump all the kinetic energy in the intended target without passing through.
It’s sad ‘little Johnny’ got gut-shot and may have to shit in a bag and cruise around in a wheelchair, but it his own fault, and his family for allowing the streets to raise him. We know the difference between right and wrong by the time we’re 8 years old. This ghetto rat was 17. He knew what he was doing. Hopefully this second lease on life will help to turn his around and on the right path before he takes a dirt nap.
I’d have pulled up a chair and waited for him to come through my door. or the police to collect him.
but if I was on his jury id
vote not guilty.
There is no defensible argument for what the homeowner did. A drunk or high kid was on his lawn and tried his door. He banged on the window, admittedly scary. The police were called. No material harm was being done to him or his property and, if, as he says, he was scared, he could have easily just armed himself and waited inside. Instead, he took his weapon, went outside and, to defend himself from a thrown lawnchair that he was able to deflect with one hand, crippled a kid for life and could just as easily have killed him. People like this seem to be waiting for a what they believe is legally defensible excuse to shoot someone; they give responsible gun owners, who understand that taking a life is a tragic last resort with far-reaching consequences, including for them, a bad name. As for those people trying to defend this behavior, well…
FAW – were you there? Do you have any idea what was going through the home owners mind, or if he suffered from PTSD from a prior break-in attempt or was terrorized by this hood-rat? Waited inside? For what, the calvary that may or may not have showed up? Should have deflected a chair with one hand? Who the fuck are you – Steven Seagal?
There’s no defense for the asshole kid being there in the first place. The dipshit kid is the one who decided his life wasn’t worth much.
This situation may not represent a clean home invasion situation, but it appears to be a clear case of assault against Mr. Loesch on his own property. A person has the right to leave his home to investigate a disturbance on his property and to confront individuals who are committing a crime.
Well I guess stuff like this is always going to be a little tricky in a liberal state. So it is my duty in Colorado that if I’m attacked with a lawn chair while a walking down the street in downtown Boulder I should call the police?
The guy did go out the door so it’s sticky in that sense but he was still protecting his home and the kid picked up a lawn chair so he was in the process of being assaulted at that time.
They keep bringing up the “make my day” law without addressing the fact that Colorado supreme Court does have a precedence for stand your ground which covers outside the home. Chances are this guy being arrested is just a formality.
As an example, my sister was recently attacked in the grocery store parking lot by a big fat black Muslim woman while she’s putting her groceries in the back door of her truck. She was arrested also but the charges were then dropped against her. This could be the case here also. Arrest everyone first and then sort it out.
I agree with your thought process, however, in the case it appears CO has not just arrested Mr. Loesch but prosecutors have filed murder and assault charges against him. He will likely have to prove his innocents in court rather than having the burden on the state. Liberal states are destroying our country.
Yeah Ron.. they filed assault charges on my sister for defending herself when the Muslim had her pinned in the crook of her open back truck door. Prosecutors did drop the charges though so with the charges continually being filed in this case, it’s hard to tell how this is going to go. My sister’s case was an assault case this is a little more heavy-handed so I would think it’s going to take a little bit of investigative work before prosecutors would drop charges if that happens, big IF!
I don’t 100% agree with what the homeowner did but it’s hard to really cop an opinion without having been there and all the facts not being brought out yet.
Judging from what I read briefly on Colorado’s stand your ground and their make my day law… I would suspect we’re going to hear a little bit of something from the Colorado state supreme court on this one. Hopefully this will be publicized because I’d like to follow it.
He should have stayed in the house. Shooting was unwarranted!
the lil punk should have stayed off the man’s property…
fixed that for you
you’re welcome
So when a psycho appears outside your house you are now obligated to remain trapped inside?
Yup, you are pretty much trapped inside. Leave it to the cops, if you stay in the house you wont be facing serious prison time. 30 minutes in your house isnt a big deal, you do it every day. Now, even if he wins his case, his lawyer fees will hit 6 figures and then the civil lawsuit will come for even more. All cause he couldnt wait it out for 30 minutes in the house. To those that disagree are you going to pay his legal fees?
Y’know, you’re right.
At some time in the past dealing with a threat to the community might have been viewed differently….but in a society politically ruled not by proper jurisprudence but moist-ladyparts-emotions juiced up by Proffesor Marxvinsky’s “Oppessed vs Oppressor 101” one takes a risk engaging any threat.
It’ll take a cataclysm of Biblical proportions to change that. So, curl up with a good book while the zombies wreak havoc outside your front door. If the cops come, you’re all set.
what a person must wait until it escalates to damage or something worse??? you let these people do what they want on your property or you are a criminal needs to stop! drunk drugged or crazy is no excuse to let people run amuck, you raise your kids better to not do crap like this.
i’ll bet he will never do that again!