People v. Toler

I, INTRODUCTION

In this case, we address the use of deadly physical force in self-defense, which is established by statute under section 18-1-704, 6 C.R.S. (1999). The defendant, Tristan Toler, shot and killed Christy Martinez, claiming self-defense. Toler objected to the jury instruction defining self-defense, claiming that the instruction could have improperly misled the jury to believe that a trespasser must "retreat to the wall" before using physical force to defend himself. Despite Toler's objection, the trial court gave the jury instruction, and the jury convicted Toler of second degree…