Orest Schur will serve over half a century in jail.
Schur was a 27-year-old sergeant in the U.S. Space Force when the incident happened in July 2023. He and his wife lived in Aurora, Colorado, where he worked as a signals intelligence analyst at Buckley Space Force Base.
Before transferring to the Space Force, Schur served two tours in Afghanistan with the U.S. Army, earning 14 service medals in the process.
On July 5, 2023 around 11 p.m., he woke up to the sound of the alarm on his wife's Hyundai Elantra. He grabbed his pistol and went outside, where he saw two people dressed in black attempting to get into the vehicle. His wife called 911, as this was the third attempted car theft at their home.
This is the part of the story where you may notice a minor issue or two.
Schur confronted the individuals, but the would-be carjackers fled in another car.
The sergeant gave chase in his car and fired multiple rounds at the teens.
The suspects' Kia Rio (also stolen) crashed four blocks south of Schur's home. The two would-be thieves hopped out of the car and Schur continued shooting at them as they ran away on foot.
It turned out that the two suspects were 13- and 14-year-old black boys. Neither was armed. The older of the two, Xavier Kirk, died. The younger of the two survived despite taking a round to the back.
Judge Caryn Datz sentenced Schur to 54 years in prison on Friday - 36 years for murder and 18 years for attempted murder.
The boy who survived had this to say to the court:
An adult chose to use deadly force against two unarmed teenagers. That is not justice, that is not safety, that is not accountability. I survived, but I am not the same. My friend didn't survive at all. And no matter what we did that night, I didn't deserve to be shot, and Xavier didn't deserve to die.
Here's the part where we talk about the right to self defense.
Three lessons for gun owners:
1) Pay attention to your local context.
This month in Schur's city, a judge dropped charges against a convicted sex offender who tried to kidnap a child because the man was pronounced insane. While he will be in a mental health facility for a time, it is very likely that he will be released again onto the streets of Aurora in the near future.
In that case, the man's own family can't believe that he keeps getting released. His niece told a local news outlet:
This has been like the fourth time that we're sitting here thinking, How the hell did he get released? Who's letting him out?
You may also remember that Aurora made national headlines when Venezuelan gangs took over entire apartment buildings in the city.
Colorado is a Democrat-led state, and Aurora is a bright blue dot in that blue state. Such places have left-wing ideology encoded in their laws, which includes trading public safety in an effort not to be "inequitable" to the "marginalized."
In such areas, understand that district attorneys, juries, and judges may try to make examples of self-defense situations. Decide what you'd be willing to go to jail to protect.
Colorado is generally a "stand your ground" state, meaning a victim does not need to retreat before engaging in lethal force. Colorado also has specific legislation such as the "Make My Day" law (CRS § 18-1-704.5) that specifically allows for lethal force to be used against intruders.
A parked, empty car outside your residence is a different story.
To claim self-defense, you cannot be the aggressor. You cannot pursue the bad guys. You most certainly can't chase them down, run them off the road, and shoot at them as they flee on foot.
Only certain states allow specifically for lethal force to be used to protect property in specific situations. Two examples:
In Texas, an owner is allowed to use force to prevent robbery during the night if law enforcement is not available and force is deemed necessary to prevent the crime (Texas Penal Code § 9.42; case law like McFadden v. State). Lethal force may also be used on fleeing thieves.
In Florida, an owner may use lethal force to stop an imminent forcible felony, which could include the theft of an unoccupied car (Florida Statute § 776.012(2))
The majority of states, however, do not allow for the use of lethal force to protect property alone, and their definitions of what is considered a reasonable response to perceived danger vary greatly.
Even in places where use of lethal force to protect property is allowed, how that property is protected plays a crucial role in whether or not charges are brought against gun owners. Consider the case of Maarkus Karma, who was sentenced to 70 years in prison in 2015 by a Montana judge. Upset by a series of break-ins to his garage, Karma waited inside his (open) garage with a shotgun and killed a German exchange student who walked in. The jury ruled that Karma had "baited" the thief.
3) Take lessons in force-on-force scenarios and buy "carry insurance"
Many local ranges and gun shops offer classes for those who carry weapons for defense. These classes help people think and operate firearms under stress. Range instruction and simulators can greatly help people make wise decisions so they don't go running off in the night shooting at bad guys from the driver's seat of their car.
Carry insurance also provides gun owners with a legal defense fund if they are involved in a shooting and are prosecuted.
Until next time, stay frosty.
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