I believe I may have found the defence that CW will rely on against the charge of murdering SW.
3.4 – Self-defense /
defense of another
Under Colorado law, self-defense is not an affirmative defense in itself to first-degree murder charges. However, it may negate the element of extreme indifference required to sustain them.
Likewise, showing that you were acting to defend someone else is strong evidence that you did not kill someone with an extreme indifference to the value of human life generally.”
Example: Penny's boyfriend has, in the past, when he has been drinking heavily, committed acts of violence against Penny's young son. After the boyfriend comes home drunk one night and raises his fists to her son, Penny shoots and kills him. Assuming she acted in a good faith belief that her child was in danger, Penny has not acted with the extreme indifference required for a first-degree murder charge. She may still be liable on a lesser charge, however, depending on other factors – such as whether the degree of force was reasonable under the circumstances.
Colorado "first degree murder" laws |18-3-102 C.R.S.
In the same article it will be seen that premeditation is defined as “deliberation”.
1.1 The legal meaning of “homicide,” “person,” “position of trust,” and “deliberation”
(3) The term “after deliberation” means not only intentionally but also that the decision to commit the act has been made after the exercise of reflection and judgment concerning the act. An act committed after deliberation is never one which has been committed in a hasty or impulsive manner.
However, the length of time required for deliberation is not long. All that is required for deliberation is enough time in which to form the intent to murder someone.
Example: Joe lives in a dangerous neighborhood. One evening he goes out, carrying a gun in his waistband for self-protection. While he is walking down his street, he gets into a heated argument with his neighbor Kurt. Kurt provokes Joe, who pulls out his gun and uses it to hit Kurt in the head, thereby committing an assault in the heat of passion.
However, even as Joe pistol-whips Kurt, the argument escalates. Finally, Joe erupts. “I've had enough of your mouth,” he says. He *advertiser censored* the pistol, aims it at Kurt's heart and pulls the trigger.
Even though the beating itself was not premeditated, and Joe wasn't carrying the gun with malicious intent, Joe may still be guilty of first-degree murder. A jury could find that his words to Kurt, as well as the act of cocking the gun and his aiming for Kurt's heart, show that Joe had sufficient time to deliberate his actions and form the requisite malice.
