CANON CITY — A judge here has rejected the argument that a Florence man was justified in shooting his victim under Colorado’s Make My Day law, declining to dismiss the case against him.
Thomas Randall Addington, 59, is charged with second-degree murder and first-degree assault in connection with the shooting death of Amanda Yellico, 40, who was shot to death at his Florence home Dec. 23.
Public Defender Daniel Zettler had argued following a two-day hearing on the Homeowner’s Protection Act, known as Colorado’s Make My Day law, that Addington was justified in shooting Yellico because he had asked her to leave his residence and she was remaining unlawfully.
“Considering the evidence presented, the initial element requiring an unlawful entry into a dwelling fails,” wrote Fremont County District Court Judge Lynette Wenner in a ruling. “Yellico was invited to stay in the residence by Mr. Addington’s invitation.
Addington may have been unhappy with Yellico being in his residence, however, he took no specific action to have her leave the home,” Wenner wrote.
Wenner said Yellico had her own bedroom and had been staying in the home about a month.
“No evidence was presented that Yellico was present to commit a crime, only that she was living at the residence with permission of Addington,” the judge wrote.
Addington has pleaded not-guilty to the charges and a trial is set to start Oct. 21. However, the defense is seeking to delay the trial because a crime scene expert is unavailable to testify at that time.
Wenner will rule Monday on whether she agrees to reschedule the trial.
Addington, who was clearly upset, stood up and asked to speak, but Wenner cautioned him to speak with Zettler first.
The shooting death occurred at 1016 W. Second St. in Florence, where Addington allegedly used a .308-caliber automatic rifle to shoot through the basement ceiling. Two bullets struck Yellico, who was on the upper floor of the home.
One bullet hit Yellico’s left hand and the second entered the right side of her body in the upper torso. Addington had reported to authorities that he suspected Yellico was working with two men in an attempt to take over his home.
Both Yellico and Addington reportedly had been using methamphetamine, according to testimony during a preliminary hearing. Addington remains jailed in lieu of a $200,000 cash-only bail.
(c)2019 The Pueblo Chieftain (Pueblo, Colo.)
Visit The Pueblo Chieftain (Pueblo, Colo.) at www.chieftain.com
Distributed by Tribune Content Agency, LLC.
This content is published through a licensing agreement with Acquire Media using its NewsEdge technology.