What People v. Pickering Teaches Us About Self-Defense and Recklessness in Colorado
Not every self-defense case is cut and dry—and People v. Pickering (2011) is proof. For Colorado gun owners, CCW holders, and armed security professionals, this case highlights an often-misunderstood legal issue: Can you still claim self-defense in a reckless manslaughter charge?
The answer from the Colorado Supreme Court? Yes—if the facts support it.
📚 Case Snapshot
- Case Name: People v. Pickering
- Citation: 276 P.3d 553 (Colo. 2011)
- Court: Colorado Supreme Court
- Year: 2011
- Defendant: Jerad Allen Pickering
- Key Issue: Whether a jury should be instructed on self-defense in a reckless manslaughter case when some evidence supports the claim.
🔍 Background of the Case
Jerad Pickering fatally shot a man during a confrontation. At trial, he claimed self-defense, saying he believed he was in imminent danger. The prosecution disagreed and argued that Pickering acted recklessly.
The trial court gave the jury a self-defense instruction for some charges—but refused to give it for the reckless manslaughter charge, reasoning that self-defense doesn’t apply to crimes involving recklessness.
Pickering was convicted and appealed.
⚖️ Colorado Supreme Court Ruling
The Supreme Court reversed the conviction. It ruled that the trial court should have instructed the jury on self-defense for the reckless manslaughter charge because there was evidence to support it.
Here’s what the court clarified:
A defendant may claim self-defense even when charged with a reckless crime, as long as there’s evidence to support the claim. It’s up to the jury—not the judge—to weigh that evidence.
This ruling reinforced a defendant’s right to have their full defense presented to the jury—especially when use-of-force justifications are involved.
📖 What the Law Says: CRS § 18-1-704(3)(b)
Colorado’s self-defense statute includes a provision that often comes up in real-world scenarios:
If you provoke a confrontation, you lose the right to claim self-defense—unless:
- You withdraw from the encounter,
- You communicate that withdrawal, and
- The other party continues unlawful force.
This was relevant in Pickering, but the key issue was whether a jury could consider any evidence of self-defense when a reckless charge was involved. The answer is now settled: Yes.
🔑 Legal Takeaways for Gun Owners & CCW Holders
- Self-defense is a right—but it’s also a jury question. If there’s evidence to support your claim, the jury should hear it—even in reckless conduct cases.
- Recklessness and self-defense can coexist in court. Just because you’re charged with a reckless crime doesn’t mean you lose your legal defense.
- Provocation doesn’t permanently bar you from defending yourself. If you retreat and the threat continues, you may still be justified under the law.
🛡 Why This Case Matters in Self-Defense Training
Too many people believe that if they make one mistake—like saying the wrong thing or not walking away fast enough—they automatically lose their right to self-defense. This case proves that Colorado law allows room for nuance.
As an instructor, I stress this constantly:
Your job is to make good decisions before, during, and after a use-of-force incident—but you also need to understand how the law works when those decisions are judged in court.
🧠 Final Word
People v. Pickering isn’t about mutual combat. It’s about the legal complexity of use-of-force incidents, especially when things happen fast and emotions run high. The lesson is simple:
- Know your rights.
- Know the law.
- Train for the courtroom, not just the range.
✅ Protect Yourself the Smart Way
- 🔫 Take Our Colorado Concealed Carry Class
Learn self-defense law, real-world tactics, and what to say if you’re ever involved in a shooting. - 🛡️ Get Covered With Self-Defense Insurance
A legal fight can be just as expensive as a gunfight. Protect yourself before it happens. - 📘 Understand Colorado Use-of-Force Laws
You don’t need to be a lawyer, but you do need to be informed.
📖 Related Laws
- C.R.S. § 18-1-704 – Use of physical force in defense of a person
- C.R.S. § 18-1-705 – Use of physical force in defense of premises
- C.R.S. § 18-1-706 – Use of force in defense of property
- C.R.S. § 18-1-707 – Use of force by peace officers
About the Author
Mark Schneider is the lead instructor at Concealed Carry Classes of Denver and the Training Manager at a Denver-based security company. He specializes in use-of-force law, firearms training, and real-world defensive tactics.fense.
⚠️ Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.
