Posted: Dec 9, 2010 11:29 PM by Matt Stafford
57-year-old Chang Ho Yi faces an attempted first-degree murder charge for the shooting outside of his liquor store, Austin Bluffs Plaza Liquor, on October 25th. The shooting sent two people to the hospital.
In the arrest affidavit, police say one of the victims admitted they were intending to steal a bottle of liquor. Colorado Springs Police say a 22-year-old walked into the store, grabbed a bottle, and ran out. They say he was followed out by an employee with a gun. The armed man walked to the driver's side window and pointed the gun inside. Four people were the vehicle according to police reports. The victims told police the man fired his gun, shooting the 22-year-old in the jaw, and the bullet ricocheted into a 17-year-old male's leg in the passenger seat.
A witness told police Yi was the shooter.
Yi denied the shoplifting and shooting when questioned by police multiple times. He told them that he didn't have a handgun, but police found one inside the store during a search warrant - along with ammunition.
For balanced coverage News First Five tried to talk with Yi, but requests for comment were declined.
Dave Webster, a Colorado Springs attorney who has also previously worked as a district attorney, spoke with News First 5 about Yi's case, as well as limits one can go to protect themselves.
"Stuck a gun into the window and proceeded to fire, that doesn't lend itself to self defense," Webster says, referring to witness statements in the report.
Webster says many people don't fully understand their legal limits for using deadly force. In Colorado, it's only allowed when someone feels like a crime is going to be committed in their home and that they're in danger. Outside of the home, there has to be the threat that someone will be killed or seriously injured.
"Property doesn't equate to someone being seriously hurt," Webster explains. As for shoplifting, Webster says the law only allows a person to respond with reasonable force.
This isn't the first close call at Austin Bluffs Plaza Liquor. In 2009 Yi was shot in the stomach during a robbery. That's a factor Webster says could come to play in court if it has had an affect on Yi's mental state.
Yi is scheduled for his first appearance in District Court on Wednesday, December 15th.