Hall v. Mcbryde

919 P.2d 910 (Colo.App. 1996)


D was at his parents' home with another youth after school. D was actually living in a different neighborhood with a relative and attending a different high school in the hope of avoiding gang-related problems. D came to the parents' house that day to retrieve some clothing. Prior to that date, D had discovered a loaded gun hidden under the mattress of his parents' bed. James McBryde (F) had purchased the gun sometime earlier. D noticed a car approaching the house, and he retrieved the gun from its hiding place. After one of the other youths began shooting towards the McBryde house, D fired four shots toward the car containing the other youths. One bullet struck P, who lived next door, causing an injury to his abdomen that required extensive medical treatment. The trial court made no finding as to whether P was struck by a bullet fired by D. F testified that he had no recollection of telling D that he had purchased the gun and that he believed he was the only one in the house who was aware of it. D testified that he discovered it on his own. The trial court entered a verdict for Ds. P appealed. In part, P contends that the trial court erred in entering judgment for D on the claim of battery.