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Father: Drunk Son Killed Trying To Enter Wrong House

'Make My Day' Law Allows Deadly Force Against Intruders

POSTED: 6:34 am MST December 30, 2008

It now appears a man shot to death as a suspected burglar was actually drunk and tried to get into the wrong house in Colorado Springs.

Sean Kennedy had been drinking at a weekend Broncos party when he drove to the wrong home, scared the homeowner by pounding on the front and back doors and was fatally shot, his father said.

Officers were called to the home, at 3212 Virginia Avenue at 9:50 p.m., Sunday, on a report of someone trying to break into the house. They found Kennedy in the backyard. He had been shot once and could not be revived.

Kennedy's three roommates said he lived one block west, at the same street number, on North Institute Street.

Police said they plan to hand over the case to the district attorney's office to decide whether the homeowner will be protected under Colorado's so-called "Make My Day" law, which allows people to use deadly force in self-defense in their homes.

Grant Kennedy of Colorado Springs said his 22-year-old son moved to the neighborhood four months ago and apparently was confused about which house was his because they look alike.

"He had had too much to drink, as boys that age will do, and he apparently went to the wrong house, rang the doorbell and went to the back door and was pounding pretty aggressively, I guess, to wake up his roommates," Grant Kennedy told The Denver Post. "I guess the people inside were fearful of him. It's just a tragedy."

An autopsy was performed Monday but Kennedy's blood-alcohol level has not been released.

Police said two people were in the home. Their names were not released.

Sean Kennedy was an assistant golf pro at the Kissing Camels Golf Club, who "has never given us a bit of trouble, not even a speeding ticket," his father said.

He was to begin competition next month in The Gateway Tour, a developmental golf league for the PGA Tour.

On his Facebook page, Kennedy wrote that he dreamed of playing on a golf tour.

The "Make My Day" law was passed in 1985 and allows the use of deadly force if the resident "reasonably" believes the "other person might use any physical force, no matter how slight, against any occupant." Since then, there have been at least seven "Make My Day" cases in Colorado.

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