The Colorado Supreme Court ruled on Monday that a man convicted of manslaughter in Adams County could not rely on the state’s “Make My Day” law authorizing lethal force against home intruders to defend himself against a charge of recklessly shooting his friend.

There was no dispute that Justin Brendan Martinez shot and killed Ismael Huerta inside Martinez’s house. The two had been out drinking and Martinez attempted to drive to another bar, but Huerta intervened and started punching him. Huerta continued beating Martinez inside his house, but as Huerta went to leave, Martinez grabbed a shotgun. He fired at Huerta and hit him, causing Huerta’s death.

Jurors acquitted Martinez of murder but convicted him of reckless manslaughter. However, Martinez contended on appeal that jurors may have similarly acquitted him of manslaughter had they been permitted to consider a specific self-defense instruction related to home intruders.

In Colorado, people may use deadly force in self-defense against imminent physical harm if they believe lesser force is inadequate. In contrast, deadly force is always justified against home intruders under the Make My Day law if, among other things, the person using force believes the intruder is also about to use force, “no matter how slight.”

Both concepts operate as affirmative defenses, meaning prosecutors, in addition to proving the crime itself, have to disprove at least one component of self-defense or the Make My Day defense.

The Supreme Court concluded the Make My Day law, in which deadly force is deemed justified, is “irreconcilable” with recklessness, meaning a person consciously disregarded an unjustifiable risk. Chief Justice Brian D. Boatright, in the June 24 opinion, cited the court’s 2011 decision that similarly found general self-defense incompatible with recklessness.

“Essentially, we recognized that it is logical for a defendant to argue, ‘I acted justifiably,’ but illogical to argue, ‘Even if I acted unjustifiably, I also acted justifiably,'” he wrote.

Boatright also explained that Martinez’s trial judge gave jurors an instruction for the reckless manslaughter charge “closely following” the Make My Day affirmative defense. The instruction noted prosecutors did not have to disprove the defense beyond a reasonable doubt, but if the jury found Martinez’s shooting legally justified under Make My Day, he could not have acted recklessly.

By allowing the defense to cast reasonable doubt on Martinez’s recklessness, the instruction “ensured that the jury would understand that such force did not qualify as reckless conduct if Martinez satisfied the defense’s conditions,” Boatright concluded.

The case is Martinez v. People.