People v. Smith

TURSI, Judge.

The defendant, Calvin Smith, was charged with first degree assault, and with having committed a violent crime. The trial court instructed the jury on both charges and second degree assault, but rejected defendant’s proffered instructions on self-defense, justifiable use of force, and third degree assault. The jury acquitted the defendant of having committed a violent crime, but convicted him of second degree assault.

The defendant is an RTD bus driver. On February 4, 1982, he was driving his route from Aurora to downtown Denver. The victim, a passenger, paid his fare when he…