DENVER -- A man blamed for his daughter's death during a shootout outside their home is claiming self-defense.

Leo Cisneros is charged with child abuse resulting in death. His 10-year-old daughter, Auralia Cisneros, was killed while caught in the middle of a shootout on Nov. 29, 2007.

Prosecutors believe Leo was dealing drugs, and the shootout at their home was the result of a robbery gone bad. Auralia was shot in the head, and police say the shot that killed her came from her father's gun. Now, Leo's attorney wants the court to dismiss the child abuse charge against him, under Colorado's "Make My Day" law.

His defense attorney argues in the latest motion to dismiss that Cisneros was simply defending himself from armed intruders. His attorney argues he has already lost his daughter, and it would be a "miscarriage of justice" if he lost his freedom. They argue Cisneros was trying to defend himself and his family, and the "Make My Day" law is applicable in this case.

The Denver district attorney's office said Cisneros contributed to his daughter's death by dealing drugs out of their home. Prosecutors said even if Leo Cisneros was defending his home that night, he endangered his child time and time again by conducting drug deals from home.

"As to whether this qualifies for the law, the judge is going to have to make a determination upon that," said state representative Gwyn Green of Golden.

Green said "Make My Day" is a good law, drawn up under very tight guidelines. It does allow homeowners to use deadly force, but it is not indiscriminate.

"If I walk by your home, for example, you couldn't say, 'Gee, I'm threatened by that lady, I think I'll shoot her,'" said Green.

The "Make My Day" law first states there must be an intruder in the home or an extension of the home. It also states the homeowner must feel threatened by that intruder.

A judge could listen to arguments with regard to this motion on Aug. 15.

The coroner said Auralia died with a green, leafy substance in her hand.

Colorado defines the Make My Day law like this:

(2) Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.
(3) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.
(4) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

--Source: L. 85: Entire section added, p. 662, § 1, effective June 6.