Is It Burglary If They Had A Key?

[skylor86]

COLORADO


ok I was friends with 2 girls from work...we'll call them Betty and Sue. One of them, Betty, lived with me for about a week in early May because she was having troubles at home. when she initially moved in, I thought it was long term, so I let her make a copy of my key. after a week, she moved out and when back to her home, but left some of her belongings there (a pillowtop and some perfume).
anyways, the 2 girls and I had a falling out ...I told them I give up on trying to be their friend because they were acting shady. That night, I was staying at my parents house. I came home the following day, and saw broken glass on my porch from one of the girl's, Sue, (not the one who was living with me) hooka. also, I had a cup outside which I had everyone put their cigarettes in, and that morning, it was knocked over and butts were everywhere.
I unlock my door and walk inside. nothing of mine is missing. but I go into the bathroom and there was a threatening note written on my bathroom mirror with eyeliner. I won't explain the note because it was very vulgar. and from the note....I knew who it was. I looked to see if Betty and Sue's belongings were there...nope...gone. I definately knew who it was.
I called the police and he said it is 2nd degree burglary. He tried to find fingerprints on the mirror, but no such luck. I explained to him that I work with these girls, that the 3 of us were really good friends, and the previous day we got into an argument.
I have been assigned an investigator, but this seems to be taking forever. I called him and he said he only got a chance to talk with Betty but just for a minute since she was at work. but she did say she went in to collect her belongings. my work has transferred me to different stores for my safety and safety of my workplace.
My question is...I was not at home...I did not give any consent for either of them to come into my house....I was not notified that they were going to my house...none of their names are on my lease nor do they get any rent there...one of them has a key....is this burglary? Don't forget the threatening note on my bathroom mirror. I am so frustrated and tired of this...I would like for it all to be over with so I can go back to work and on with my life without worrying.

[cdwjava]

If the girl who broke in can make a reasonable argument that she was a resident under CO law, then it would not be burglary ... she can't break in to steal her own things. Even if she wasn't a resident, if all that was missing was HER things, it was not a theft crime. I can see a case for vandalism, and maybe some manner of unlawful trespass in an occupied dwelling (or CO's equivalent), but not burglary.

Chances are the best you can hope for here will be restitution.

As for the threat, unless it was so immediate and unequivocal as to make you seriously worry for your safety from the girls, I doubt it will be more than an addition to the vandalism charge. However, CO law might criminalize even communicating such a message - I can't be sure. In my state it would not likely be charged as a criminal threat unless you took it to mean she was coming for you.

Consult the police each week until they send it to the DA or drop the matter. In the meantime, move on. Replace the window, change your locks, and stay away from psycho women.

- Carl