Randy Cook decision causes controversy

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GRAND JUNCTION, Colo. The Randy Cook case and the controversial Make My Day law are making national headlines and District Attorney Pete Hautzinger has come under fire for letting Joe Hoskins off the hook.

When taking a closer look at the law some people think the decision Hautzinger made was justified.

"If we were to be inconsistent with how we treat the make my day law then we wouldn't have that to depend on," Kayla Johnson, For Make My Day law.

"If somebody is in your house then yeah you should be able to protect yourself," Jennifer Logsdon, For Make My Day law.

However, those who have been following the Randy Cook case since day one say authorities didn't do everything they could to bring justice for Randy.

"Randy was very popular none of us are happy with the outcome I think it was a botched investigation most of us do," Joe Jarvis, Cook's life-long friend.

Joe Jarvis has been friends with Cook since they were five-years-old. He said he has two major problems with the investigation the first one involves the fact that Hoskins wasn't tested for drugs or alcohol the night of the incident.

Hautzinger said while he wishes everyone that night was tested it wouldn't have mattered, "Because Make My Day doesn't even contemplate drugs or alcohol it makes no difference it would have had zero impact on my legal analysis."

The second issue Jarvis has is how the law applies if Hoskins was an active part in the fight that broke out before the fatal shot was fired.

"There is no initial aggressor provision to Make My Day there is nothing that says if you start if you can't rely on the law," Pete Hautzinger.

Make My Day covers two major requirements including illegal entry and physical force. Hautzinger said after the six month long investigation both were proven, which is why Hoskins wasn't charged.

Supporters of Cook said regardless of the decision they're not backing down. They are trying to get 10,000 signatures on a petition to send to the Attorney General to re-open the case.

Hautzinger said he doesn't know if the Attorney General will do it but he has absolute confidence any other prosecutor looking at this case will come to the same decision he did.

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