Case 20111M4204: The People of the State of Colorado v. Christopher Tilford
In defense of Christopher Tilford, charged with assault and harassment in a misdemeanor case in Colorado, Attorney Stanley Marks filed an extensive Make My Day Law Motion to Dismiss under CRS 18-1-704.5 as well as an affirmative defense motion of self-defense. Marks argued that Tilford’s roommate gave a neighbor permission to enter Tilford’s room, sparking an argument between Tilford and his neighbor. The neighbor was asked to leave, and he complied…for a time. Later that night, however, the neighbor returned to Tilford’s residence and picked the lock on his bedroom door with a knife. Christopher Tilford felt threatened by the sight of his neighbor with a knife, and a brief fight occurred. The neighbor, making the first move, locked Tilford into a wrestling strangle-hold, and in order to escape, Christopher Tilford punched the neighbor in the eye.
In court, the prosecution intended to use Tilford’s post-arrest statement against him. Tilford’s prior counsel was unable to obtain a reduction of the charges against him and it appeared that the prosecution was attempting to seek jail time, given the allegation that Tilford was the aggressor and inebriated at the time of the altercation. After an 7 hour evidentiary hearing, the Court denied the Defendant’s motion to dismiss, however granted Tilford’s Motion to Suppress enabling the defense to obtain a stipulated dismissal of the most serious charge of Assault in exchange for a plea to the lesser charge of Harassment and a stipulation to an immediate sentence to unsupervised probation.