Man Arrested, Gets Lesson On Colorado’s ‘Make My Day’ Law

FEDERAL HEIGHTS (CBS4) – Federal Heights police arrested a man on felony menacing and reckless endangerment charges after pointing a handgun at a process server.

The process server was outside Jerry O’Quinn’s front door to serve him legal papers. O’Quinn, 63, says the woman never identified herself and he felt threatened when the stranger opened the storm door.

“If you come on my deck I’m going to blow your bleeping brains out,” O’Quinn recalled saying to her. “I said, ‘You need to identify yourself.’ She didn’t.”

The woman told CBS4 she did not touch the door. According to the police incident report, the woman identified herself as a process server to O’Quinn twice, saying she had to deliver him legal documents. When O’Quinn continued to wave the gun at her, she backed away into the street and called police.

“(Regardless) of the situation, I feel that I had a right to protect myself,” O’Quinn said.

Legal analyst Craig Silverman, a former chief deputy district attorney, says the homeowner was in the wrong.

“Even if it’s in your house, you still don’t have a right to felony menace someone; in other words, point a gun at them and put them in fear of death or serious bodily injury,” Silverman said.

Silverman also said the so-called “Make My Day” law doesn’t apply in this situation. The statute states the person would have had to unlawfully enter the house, be committing a crime or be believed to be intending to use physical force.

“This conduct appears to be over the top,” Silverman said.

O’Quinn pleaded guilty to third-degree assault and spent 26 days in the county jail. He was sentenced to one year probation.

It wasn’t the first time O’Quinn has had a run-in with the law. The incident report revealed an arrest warrant for numerous refusals to report for jury duty.

– By Young Kim for

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  • denvervet

    I saw this on TV, this guy is a walking time bomb. He is obcessed with guns and a neighbors worst nightmare. I beleive he waits for people to come to his door so he can greet them with a gun. Get this nut some mental help! Lock him up for a while and let him reconsider his love of guns.

  • Laura

    I’m not sticking up for this guy. But I don’t consider not reporting for jury duty a “run-in with the law.” The news always has to create a little more drama than really exists.

  • Boulderisfun

    Listen it’s is obvious to any sane and intelligent person on here that this guy has some issues. Whether they be mental or anger issues I can’t judge. There is absolutely to credibility in what he’s saying and you can tell he’s making stuff up after he clearly over reacted to a situation. Typical criminal behavior and my guess is he’ll see the inside of a jail cell before he’s dead if he hasn’t already.

  • K

    Failing to report for jury duty is a “run-in with the law.” Jury duty is exactly that: a duty. Helps to maintain the judicial branch of our government. This loony-tune will be given the opportunity to be tried in court before a jury of his peers when he is on trial for the next crime he will surely commit.

  • David Burns

    it’s a misdemeanor and not what i consider a run in with the law. what you missed is that the reporter to trying to create some drama that doesnt exist. when people read “run in with the law” they think things like robbery, assault, and other felonies, but forgetting to make a phone call is not what they are thinking. regarding his actions at the door… he’s a menace and should be watched carefully. i dont consider a women at my door a threat, even if she’s a cop.this guy’s a nut job.

  • Travis John

    Redneck much? Go to Texas if you want to act like this

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