Castillo v. Colorado

Petitioner Andres Castillo admitted he fired a shotgun at several people, including two police officers, in a crowded parking lot after a night out celebrating his wife’s birthday in downtown Denver. But he claimed he acted in self-defense. Driving a car occupied by his wife and several friends, Castillo tried to exit a parking lot, when an unknown assailant opened fire on his car. At some point during this episode, Castillo got out of the car, retrieved a shotgun from his trunk, and returned fire. Nearby police officers then rushed to the scene and began firing at Castillo from a different direction. He turned and shot back. Castillo testified that he didn’t realize his targets were police officers; he claimed that he thought they were associated with the initial shooter. Castillo asserted self-defense at trial. The trial court instructed the jury on self-defense but, over Castillo’s objection, also instructed the jury on two exceptions to self-defense: initial aggressor and provocation. The jury found Castillo guilty of several offenses. A division of the court of appeals found that: (1) the trial court did not err in giving the initial aggressor jury instruction; and (2) while the trial court did err in giving the provocation jury instruction, the error was harmless. After review, the Colorado Supreme Court concluded the trial court erred in giving the initial aggressor jury instruction because there was no evidence to support the instruction, and that error was not harmless. Castillo was entitled to a new trial; the Supreme Court reversed the court of appeals and remanded for further proceedings. View "Castillo v. Colorado" on Justia Law