AURORA, Colo. -- An Aurora man who stabbed and killed another a man in early September will not face charges as a part of Colorado's "Make My Day" law.
While the law is typically used in cases where an intruder tries to break in to someone's home, Chief Deputy District Attorney Brian Sugioka explained why this case is unusual.
"It's always hard to tell a victim's family that there's no criminal liability attached to the death of their loved one," he said. "This was a tragedy - that no good came of it, but again we're obliged to prosecute crimes based on the law."
The incident happened on September 2 inside an Aurora home on S. Newark St. Prosecutors said it started as an argument between two young men -- Taichan Silcott, 20, and Ruben Martinez, 21.
The two men were arguing over whether or not Martinez was going to be allowed to stay in the home, according to court documents.
At one point, Silcott kicked in Martinez’s locked bedroom door and attacked him and Martinez stabbed Silcott with a knife he found on a bedside table, eventually killing him.
Martinez’s mother, Marie Martinez, says the case is a “double tragedy,” saying her son should have spent time behind bars because he tore her family apart. She also believes her son needs mental health treatment.
“It’s like Christmas – there’s no decorations here,” she said. “I’m a cook. I didn’t cook for Thanksgiving. We don’t sleep…it’s unbelievable.”
However, prosecutors say the “Make My Day” law is clear: because Silcott broke into Martinez’s own room, it falls under the statute.
“When someone breaks down that door and really goes after another individual, the law says that person has a right to defend themselves,” Chief Deputy District Attorney Brian Sugioka told Denver7. “I met with the victims and had to explain to them that the law here established a defense for the defendant’s conduct.”
“I love my son,” Marie Martinez said, “but my son needs help.”