Short Rifle & Murder? Dates?
Complaint* alleges:
--- SM's death was "between and including May 9, 2020 and May 10, 2020."
--- BM's short rifle possession was "Between and including May 9, 2020 and March 4, 2021."
Seems imo the time frame for rifle possession charge does not rule out BM using that rifle in causing SM's death.
{{ETA.
@Scootie98 I think you posted
May 10 re rifle charge and that's consistent w what I recalled from my first read of Complaint. If May 10 date re rifle is accurate, that still does not rule out its use in SM's death. Or am I confused?}}
But why the possession charge thru
Mar 4, 2021?
@Cindizzi (TYVM) posted, PP home sale closed Mar 3.
After sale closed, and BM could not bar LE from searching, and w new owner's consent, did LE
search again and find short rifle on PP prop?
Or maybe after coming across rifle at PP,
new owners notified LE?
IDK, just possibilities.
_________________________________________________
* From Complaint filed May 18, CO. v. BM
"COUNT 1-MURDER IN THE FIRST DEGREE (F1) Between and including May 9, 2020 and May 10, 2020, Barry Lee Morphew.... caused the death of Suzanne Renee Morphew....
"COUNT 4-POSSESSION OF A DANGEROUS WEAPON (F5) Between and including May 9, 2020 and March 4, 2021, Barry Lee Morphew... possessed a dangerous weapon, namely: short rifle;..."
The following article contains image (Scribd.com, similar or equivalent) to the Complaint. ^ sbm
'Spy Pen' Emerges as Key Piece of Evidence in Case of Accused Colorado Wife Killer Barry Morphew
Thanks,
@al66pine for posting BM's DANGEROUS WEAPON CHARGE.
I tend to confuse Colorado's "illegal weapon" and "dangerous weapon" and/or which is what.
1. What is a dangerous weapon in Colorado?
You violate
18-12-102 C.R.S. when you possess a dangerous weapon.
In Colorado, a “dangerous weapon” means any:
- firearm silencer,
- machine gun,
- short shotgun,
- short rifle, or
- ballistic knife.
“Ballistic knife” means any knife that has a blade that is forcefully projected from the handle by means of a spring-loaded device or explosive charge.
“Firearm silencer” means any instrument, attachment, weapon, or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent or intended to lessen or muffle the noise of the firing of any such weapon.
“Machine gun” means any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger.
“Short rifle” means a rifle having a barrel less than sixteen inches long or an overall length of fewer than twenty-six inches.
“Short shotgun” means a shotgun having a barrel or barrels less than eighteen inches long or an overall length of fewer than twenty-six inches. This includes shotguns of normal length that have been sawed-off so that the barrel is less than eighteen inches.
Also, a weapon does not need to be operable in order to be dangerous. You violate 18-12-102 C.R.S. if the weapon can be made operable with the addition of a readily replaceable part or quick repair.
2. What is an illegal weapon in Colorado?
Colorado
18-12-102 C.R.S. makes it a misdemeanor to knowingly possess an illegal weapon, defined as any:
- blackjack,
- gas gun, or
- metallic knuckles.
“Blackjack” includes any billy, sand club, sandbag, or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact.
“Gas gun” means a device designed for projecting gas-filled projectiles that release their contents after having been projected from the device and includes projectiles designed for use in such a device.
“Knowingly” does not mean that you knew that the weapon was illegal. It means that you didn’t know that you possessed it.
- Example: Andie, a teenager, is hanging out on the street smoking weed with her girlfriends when a police officer approaches. Unbeknownst to Andie, one of her friends slips a blackjack into her backpack. When the officer searches the girls, he finds the blackjack and charges Andie with possession of an illegal weapon. However, if she can create a reasonable doubt that she knew she had the blackjack, Andie should be found not guilty of the charges
What weapons are illegal in Colorado? (18-12-102 CRS)