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People v. Thomas | 729 P.2d 972 (1986)
Attempt liability generally applies when a person intends to commit an offense but fails to carry it to completion. In People versus Thomas, we explore whether a person can ever intend to commit an unintentional offense, such as an offense that requires only recklessness.
One evening, John Thomas’s former girlfriend called him to say she’d been sexually assaulted by a man from an upstairs apartment. Thomas promptly went to the apartment building carrying a pistol, informed the man he was a police officer, and escorted him to the former girlfriend’s apartment where she identified him as her attacker. Shortly thereafter, the man realized Thomas wasn’t a police officer and fled to his own apartment. Thomas followed, firing three shots, two of which he claimed were warning shots and the other he claimed was accidental. Two shots struck the man.
Thomas was subsequently convicted of first-degree assault and attempted reckless manslaughter. The state appeals court affirmed the assault conviction but reversed the attempt conviction, holding that attempted reckless manslaughter wasn’t a viable offense because recklessness wasn’t compatible with attempt’s intent requirement. The Colorado Supreme Court granted cert.
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