Recently, a Longmont man was found in between the outside and inside walls of a Marshalls store in the bitter cold. Now, that doesn’t seem like a crime in and of itself, but why was this man trapped in this awkward location in the first place? That’s what police and district attorneys are trying to decide themselves while investigating this situation in order to determine whether to file charges.
What Really Happened at the Marshalls in Boulder County?
So, here’s the story: Marshalls workers heard a man yelling for help, but they couldn’t figure out where the voice was coming from. They called for help and when the Longmont Police Department and Fire Department arrived, they determined the source of the cries for help. They had to break the exterior wall to extricate the man from where he was trapped. Police said the space he was found in was accessible from the roof, which is how they believe he entered the building.
What Charges Could This Man in the Wall Be Facing in Longmont?
Right now, this man is being investigated for Criminal Trespass / Trespassing. What are the logistics of this crime in Weld, Logan and Morgan County? Let’s look at the law and find out.
There are 3 different degrees of Trespass / Trespassing you can be charged with.
- First Degree Trespassing, C.R.S. 18-4-502 – unlawfully entering or remaining on someone else’s property in order to commit another crime. (ex. getting into someone’s car to steal their car stereo)
- Second Degree Trespass, C.R.S. 18-4-503 – unlawfully entering or remaining on someone else’s property and the property was enclosed to keep you out; unlawfully entering or remaining in the common areas of a hotel, motel, condo or apartment; or unlawfully entering or remaining in someone else’s vehicle. (ex. after being asked to vacate, staying in someone’s house)
- Third Degree Trespassing, C.R.S. 18-4-504 – unlawfully entering or remaining on someone else’s property (not dwelling)
For this case, just like similar cases in Greeley, Windsor, and Evans, the police will have to determine the Longmont man’s intent. Was he attempting to get in the building to commit another crime like Theft, or was he just looking for a warm place to stay? Once they determine intent and classify the type of property, they will be able to decide which Trespass / Trespassing charge to file against him.
If you are contacted by police or the Weld County Sheriff for Trespass / Trespassing charges, be smart, exercise your right to remain silent, and call the experienced Weld County criminal defense lawyers at the O’Malley Law Office today, at 970-616-6009. Together, we can protect your future.
Image Credit: Pixabay – Kapa65