Legal & Law, Self Defense

What Happens If You Miss and Hit an Innocent Person During a Self-Defense Shooting in Colorado?

One of the most sobering realities of carrying a firearm for self-defense is understanding that every round you fire has a legal, moral, and financial consequence.

Most concealed carry permit holders spend a great deal of time thinking about whether they would be legally justified in using force against an attacker. However, far fewer people consider what happens if they miss their intended target and strike an innocent bystander.

What if you are legally justified in defending yourself, but one of your rounds misses and injures or kills someone else?

Every Bullet Has a Lawyer Attached to It

A common saying in the firearms training community is:

“Every bullet has a lawyer attached to it.”

While that phrase may sound dramatic, it highlights an important reality. You are responsible for every round you fire.

Even if you are the victim of a violent attack, investigators will examine every shot you fired and where those rounds ultimately ended up.

The fact that you were defending yourself does not automatically eliminate potential criminal or civil liability for unintended injuries.


Does Self-Defense Automatically Protect You?

Not necessarily.

Colorado law recognizes the right to use force, including deadly force, when certain legal requirements are met. However, that legal justification generally applies to the threat you were defending against.

The law may view an innocent bystander differently than the attacker.

If a bystander is injured, investigators will examine questions such as:

  • Were you justified in using deadly force?
  • Was your use of force reasonable?
  • Were you acting recklessly?
  • Were you aware of what was beyond your target?
  • Did you continue firing when it was unsafe to do so?

The answers to those questions can significantly affect both criminal and civil outcomes.


Criminal Liability

Every self-defense incident is fact-specific, but striking an innocent person can potentially lead to criminal scrutiny.

Depending on the circumstances, prosecutors may examine offenses such as:

  • Reckless Endangerment
  • Criminally Negligent Homicide
  • Manslaughter
  • Assault
  • Other applicable charges

Whether charges are filed often depends on whether your actions were considered reasonable under the circumstances.

For example, firing carefully at an armed attacker who is actively attempting to kill you may be viewed differently than firing multiple rounds wildly through a crowded area.

The totality of the circumstances matters.


Civil Liability Can Be Even More Expensive

Even if no criminal charges are filed, civil lawsuits are a separate matter.

An innocent bystander who is injured—or the family of a deceased bystander—may pursue a civil claim seeking compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Permanent disability
  • Wrongful death damages

Unlike a criminal case, which requires proof beyond a reasonable doubt, civil cases generally operate under a much lower burden of proof.

This means someone can avoid criminal conviction and still face substantial civil liability.


Why Target Identification Matters

One of the most important firearm safety rules is:

Be sure of your target and what is beyond it.

This rule is not merely a range safety guideline. It becomes critically important during defensive shootings.

Common issues include:

  • Missed shots
  • Overpenetration
  • Ricochets
  • Poor visibility
  • Low-light conditions
  • Crowded environments

In many defensive encounters, innocent people may be near the threat.

A responsible armed citizen must constantly assess what is behind, beside, and around the target before pressing the trigger.


Stress Makes Shooting Much Harder

Many people assume they will shoot as well during a violent encounter as they do at the range.

Unfortunately, real-world shootings rarely work that way.

Under extreme stress, people often experience:

  • Increased heart rate
  • Tunnel vision
  • Auditory exclusion
  • Loss of fine motor skills
  • Reduced accuracy

Even highly trained law enforcement officers sometimes miss during lethal-force encounters.

That reality highlights the importance of regular training and realistic practice.


How Training Helps Reduce Risk

No amount of training can eliminate risk completely, but quality training can improve your ability to:

  • Make sound decisions under pressure
  • Identify threats quickly
  • Shoot accurately
  • Manage recoil
  • Understand when not to shoot
  • Evaluate backstops and surroundings

Defensive firearm training is not just about hitting the target. It is also about avoiding unnecessary risks to innocent people.


What If You Had No Other Choice?

Some situations present impossible decisions.

Imagine an armed attacker is actively shooting at you or your family inside a crowded store.

You may have only seconds to act.

In those situations, investigators, prosecutors, and juries often examine whether your actions were reasonable based on what you knew at the time—not with the benefit of hindsight.

The law generally recognizes that people facing imminent deadly threats do not have the luxury of perfect decision-making.

However, that does not automatically eliminate scrutiny when innocent people are injured.


The Moral Reality

Beyond legal consequences, there is also a human element.

Most responsible gun owners carry firearms to protect innocent life.

Accidentally injuring an innocent person can have emotional and psychological consequences that last a lifetime.

Understanding that possibility should encourage every concealed carrier to take training, judgment, and accountability seriously.


How to Reduce the Chances of Hitting a Bystander

While no defensive shooting is risk-free, you can reduce risk by:

  • Maintaining situational awareness
  • Avoiding dangerous situations when possible
  • Practicing regularly
  • Using quality defensive ammunition
  • Understanding your firearm’s capabilities
  • Identifying what is beyond your target
  • Moving when possible to improve your angle
  • Only firing when legally and tactically justified

The best shot is not always the first shot available. Sometimes it is the shot that can be made safely.


Final Thoughts

Carrying a firearm for self-defense comes with tremendous responsibility.

If you are forced to use deadly force, your goal is to stop the threat—not simply fire rounds in the direction of danger.

Every round you fire must be accounted for.

A missed shot that strikes an innocent person can lead to criminal investigation, civil litigation, financial hardship, and emotional consequences that may last for years.

Understanding these realities is one reason quality training matters. Responsible concealed carry is not just about learning when you can shoot—it is also about understanding the consequences when things do not go as planned.

If you want to learn more about Colorado self-defense law, concealed carry, and defensive firearm training, visit Concealed Carry Classes of Denver to view upcoming classes and training opportunities.


Frequently Asked Questions

If I miss an attacker and hit an innocent person, can I still be charged with a crime?

Possibly. Even if you were legally justified in defending yourself, investigators will examine whether your actions were reasonable under the circumstances. Depending on the facts, criminal charges such as reckless endangerment, assault, manslaughter, or criminally negligent homicide may be considered.

Does self-defense protect me from liability if a bystander is injured?

Not automatically. A self-defense claim may justify your use of force against the attacker, but it does not necessarily shield you from criminal or civil liability if an innocent person is injured.

Can I be sued if I accidentally hit a bystander?

Yes. Even if no criminal charges are filed, an injured bystander—or their family—may pursue a civil lawsuit seeking compensation for medical bills, lost income, pain and suffering, or wrongful death damages.

What if I was completely justified in using deadly force?

Being justified in using deadly force against an attacker does not automatically mean you are protected from scrutiny regarding every round you fired. Investigators will still examine whether your actions were reasonable and whether you acted recklessly.

Am I responsible for every bullet I fire?

Yes. One of the fundamental principles of firearms ownership is that you are responsible for every round that leaves your firearm. This includes missed shots, ricochets, and rounds that pass through the intended target.

Could I lose my concealed handgun permit if I hit an innocent person?

Potentially. Depending on the circumstances, criminal charges, convictions, or other legal findings could affect your eligibility to possess firearms or maintain a Colorado Concealed Handgun Permit.

What if the attacker was actively trying to kill me?

The law generally recognizes that people facing an imminent deadly threat must make decisions under extreme stress. However, investigators will still evaluate whether your actions were reasonable based on the totality of the circumstances.

Does Colorado law require me to hit only the attacker?

No law specifically says that, but you are still responsible for your actions. A missed shot that injures an innocent person can create serious legal consequences regardless of your intended target.

How can I reduce the risk of hitting an innocent person?

Regular training, maintaining situational awareness, identifying what is beyond your target, and understanding when not to shoot can all help reduce the risk. Accuracy and judgment are just as important as marksmanship.

Why does CCCD emphasize accuracy over speed?

Because missing fast is still missing. In a defensive shooting, every round you fire has to go somewhere. Responsible concealed carry means making accurate, accountable hits while understanding the environment around you.


Sign Up for a Colorado Concealed Carry Class

If you’re applying for a permit or renewing, make sure your training meets Colorado law.

At Concealed Carry Classes of Denver, we offer:

  • New Applicant CCW Classes
  • CCW Renewal Classes
  • Live-fire training included
  • Certificates accepted by county sheriffs across Colorado

Our courses are straightforward, legally compliant, and designed to get you through the process the right way the first time.

Book A Colorado CCW Class


Consider Self-Defense Insurance

Even a completely justified self-defense shooting can result in criminal investigations, civil lawsuits, and significant legal expenses. While no policy can prevent these challenges, self-defense legal protection plans can help cover attorney fees, expert witnesses, court costs, and other expenses associated with defending your actions.

The best time to research your options is before you ever need them. At Concealed Carry Classes of Denver, we encourage every responsible gun owner to understand the benefits and limitations of self-defense coverage and choose a plan that fits their needs.

Click here to compare self-defense insurance and legal protection plans


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Legal Disclaimer:
This information is provided for educational purposes only and does not constitute legal advice. Firearm laws can change, and local, state, federal, tribal, and municipal regulations may vary. Always verify current laws and consult a qualified attorney before carrying a firearm or making legal decisions related to self-defense. Concealed Carry Classes Of Denver LLC assumes no liability for actions taken based on this content.

Concealed Carry, Legal & Law, News, Self Defense, Self Defense Insurance

Hypothetical Case Study: What If Alan Colie Had Been Sued?

(Why Every Armed Citizen Must Plan for Civil Risk)

⚖️ Overview

On April 2, 2023, Alan Colie, a delivery-driver, was involved in a highly visible confrontation at Dulles Town Center in Virginia, in which he shot prank-video YouTuber Tanner Cook. The incident, captured on video, sparked national debate over reasonable defensive force in a public setting.
Although Colie was acquitted of the key criminal charges, what remains important is that we do not know whether a civil lawsuit was filed, threatened, settled privately, or resolved under a confidentiality agreement.
This hypothetical analysis explores what a civil lawsuit would entail — the legal standards, potential costs, consequences, and why self-defense insurance becomes non-optional in scenarios like this.

Click here to watch the video of the incident (viewer discretion advised).


What Happened: The Encounter at Dulles Town Center

Colie was working his delivery route when Cook approached him with a phone camera, reportedly within inches of Colie’s face, filming. Colie told Cook to stop several times and attempted to disengage. When continued filming and contact persisted, Colie drew his firearm and shot Cook in the torso. The video circulated widely.
At trial, a jury found Colie not guilty of aggravated malicious wounding and not guilty of use of a firearm in the commission of a felony. He was convicted only of discharging a firearm inside a building — a lesser charge, with significant consequences despite the acquittal on the major counts.
Because of the public nature and clarity of video evidence, the event is commonly cited in CCW/self-defense circles as a “justified, but painful” case — legal victory, yet hidden consequences.


Civil vs. Criminal: Why the Risk Doesn’t End at the Verdict

Criminal vs. Civil Burden of Proof

Criminal Standard:
Beyond a Reasonable Doubt → Highest burden in American law → Requires a unanimous jury → Very difficult to convict

Civil Standard:
Preponderance of the Evidence (~51%) → Much lower burden → Jury may only need a simple majority → Far easier to find liability

Implication:
A criminal acquittal does not prevent civil exposure.
Even if Colie was cleared in criminal court, a civil jury — operating under a lower standard — could still decide he acted negligently or used unreasonable force.


Hypothetical Civil Lawsuit Process Chart

(Modeled After a Potential Case Against Alan Colie)

Stage of Civil CaseWhat Happens
1. Complaint FiledPlaintiff alleges excessive force, negligence, or failure to de-escalate.
2. Discovery PhaseDepositions of Colie, Cook, witnesses, video analysts, and use-of-force experts. Colie must testify under oath about threat perception, training, decision-making, and alternatives to shooting.
3. Expert AnalysisExperts testify on reasonable defensive force, gap-time analysis, bystander risk, and engagement options in a public space.
4. Civil TrialJurors examine every movement, pause, and decision caught on video, evaluating Colie’s actions under the lower civil standard.
5. Verdict & DamagesPossible awards include medical costs, pain & suffering, emotional distress, lost wages, and potentially punitive damages. Judgment is based on whether the jury believes his actions were reasonable under the circumstances.

Financial Exposure: Why It’s the Dangerous Side of Self-Defense

While the criminal case involves potential prison time, fines and the government, civil exposure is all about money. Some of the likely costs in a case like this include:

  • Attorney retainer: $20,000-$50,000 just to start.
  • Defense costs (experts, depositions, motion practice, trial prep): easily $150,000-$400,000 or more.
  • Settlement or verdict: medical bills + lost wages + pain & suffering + punitive damages. In a live case, six- or even seven-figure numbers are realistic depending on injury severity, publicity, and jury sympathy.
  • Hidden costs: legal fees of plaintiff, confidential settlement terms, insurance policy implications, bankruptcy risk.
    The takeaway: Even if a defender is found “not guilty” criminally, a civil case can still ruin them financially.

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The Unknowns: We Don’t Know Whether a Suit Was Filed, or If Settled

In this specific scenario involving Colie:

  • There is no publicly confirmed civil suit filed (or at least consistently reported).
  • There is no documented settlement disclosed in the public domain.
  • It is possible a claim was made and settled privately under a nondisclosure agreement (NDA), which would keep details out of the public record.
  • Because of these uncertainties, any discussion of a lawsuit is hypothetical — but nonetheless critical for armed citizens to understand.
    The lesson is not “what happened to Colie,” but “what could happen to anyone in a similar position.”

👉 Compare Self-Defense Insurance Options Here


Why Self-Defense Insurance Is a Must

A firearm may save your life — but self-defense insurance saves your future.
In a case like this, regardless of how legitimate your defensive act was, you could still face:

Without Self-Defense InsuranceWith Self-Defense Insurance
Unexpected lawsuits you never saw comingCriminal defense attorney coverage
Massive legal costs you can’t affordCivil defense attorney coverage
Judgments that can wipe out savings, home equity, and your futureExpert witness funding
Forced testimony under oath that exposes you legally even if justifiedCoverage for civil settlements or judgments (plan-dependent)
Lifetime financial consequences from a civil liability judgmentBail bond assistance, lost wage coverage, counseling support
You face the worst consequences alone.You are financially protected when you need it most.

👉 Compare Self-Defense Insurance Options Here


Compare Self-Defense Insurance Plans

Carrying a firearm means preparing for more than the fight itself. The courtroom fight — especially the civil side — can cost you everything, even when you’re completely justified. Don’t wait until you’re already involved in a shooting to figure out how you’ll pay for attorneys, experts, and potential civil damages.

If you carry for self-defense, you need protection that goes beyond your holster.
Click below to compare the top self-defense insurance programs and find the right coverage before you need it.

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Alan Colie Shooting Case Study
Gavin Dainsaur Shooting Analysis
James Rayl Shooting Settlement
Portland Cannabis Store Shooting
Michael Hancock Self-Defense Case
Baltimore Bouncer Case Study


Additional Resources

Concealed Carry, Firearms Training, Legal & Law, News, Self Defense

Case Study: The Alan Colie Shooting – Legal, But Was It Necessary?


Overview

On April 2, 2023, 31-year-old Alan Colie, a DoorDash driver, shot 21-year-old Tanner Cook, a YouTuber known for his prank channel Classified Goons, inside the Dulles Town Center Mall in Sterling, Virginia.

Cook walked up to Colie with his phone in hand, using a text-to-speech app to play bizarre phrases while filming. Colie repeatedly told him to stop, but Cook kept getting closer, standing and advancing just inches away. Seconds later, Colie pulled his legally carried handgun and fired one shot, hitting Cook in the abdomen.

Cook survived, and the shooting quickly made national headlines — not just because it was on camera, but because it raised serious questions about what qualifies as a reasonable threat and how far self-defense really goes.

Click here to watch the video of the incident (viewer discretion advised).


The Incident

From the video, it’s clear that Colie didn’t start the confrontation. He asked Cook to back up several times, but Cook ignored every warning. Even as Colie tried to walk away, Cook kept following and crowding him.

Still, when the shot was fired, Cook wasn’t physically attacking — his hands were visible, holding only the phone. That’s where the line gets blurry. Was Colie reacting to an imminent danger, or did he simply reach his breaking point after being pushed too far?

Anyone who carries a firearm knows that feeling of tension when someone won’t respect your space. But that moment — right before you act — is where judgment matters most.


Colie was charged with:

  • Aggravated malicious wounding
  • Use of a firearm in the commission of a felony
  • Discharging a firearm within an occupied building

The jury acquitted him of the first two charges, agreeing he acted in self-defense. But they did find him guilty of firing a gun inside an occupied building, which in Virginia is a Class 6 felony.

He was sentenced to time served, but that conviction likely means he lost his Second Amendment rights — the right to ever legally own or carry a firearm again.

So yes, he won in court on self-defense, but it still cost him his rights, reputation, and livelihood. That’s not a win anyone wants.


Under Virginia law, you can only use deadly force when you reasonably believe you’re in immediate danger of death or serious bodily harm, and there’s no other safe option.

The jury clearly believed Colie’s fear was real and reasonable. But as an instructor, I look at this through a different lens: just because it was legally justified doesn’t mean it was tactically necessary.

He had other options — verbal commands, creating distance, or using OC spray. Even a better retreat could’ve changed the outcome. Instead, one round fired in a crowded mall changed his life forever.

This is why I constantly remind students: the gun is the last resort, not the first reaction.


Lessons for CCW Holders and Armed Security

This case is a tough reminder that being legally right doesn’t mean you’ll walk away unscathed.

  1. De-escalation always comes first. Don’t take the bait — walk away, use your voice, and control the tone.
  2. Distance equals time and options. Don’t let anyone get inside your reaction gap.
  3. Train with your less-lethal tools. OC spray or verbal control can end an encounter without ruining your life.
  4. Think about your surroundings. Firing inside a mall or business creates massive liability.
  5. Winning in court doesn’t mean you really won. A single bad decision can cost you everything — even if you’re found not guilty.

The Role of Self-Defense Insurance

One of the biggest lessons from this case is that Alan Colie was reportedly covered by USCCA, and that membership helped pay for his legal defense.

A shooting like this can cost tens of thousands of dollars in legal fees — even when you’re cleared. Without insurance, most people simply couldn’t afford to fight for their freedom.

Whether you’re a CCW holder or armed professional, self-defense coverage is something you can’t afford not to have. It protects you from the financial fallout of doing what you believed was right.

👉 Compare the Best Self-Defense Insurance Plans


Instructor Commentary – Mark Schneider

In my opinion, the jury made the right call. Alan Colie wasn’t the aggressor — Tanner Cook caused this by pushing boundaries and ignoring clear warnings.

That said, I don’t believe Colie had a clear, immediate, and unavoidable threat of death or serious injury. This situation didn’t require deadly force. With a little more training in de-escalation or OC spray, it probably never would’ve come to that.

This is exactly why I emphasize judgment, awareness, and communication in my classes. It’s not enough to be accurate with a gun — you have to know when not to use it.

A firearm should be your last resort. Every other skill you build — your voice, your awareness, your composure — will do more to keep you free than any caliber ever could.


Call to Action

Train Before You Carry.
Real-world encounters happen fast. Whether you’re a CCW holder, armed guard, or law enforcement professional, training is what separates a justified defense from a bad decision.
👉 Sign up for your Colorado Concealed Handgun Class

Build Confidence Through Realistic Training.
At Concealed Carry Classes of Denver, we don’t just teach theory. We teach judgment, awareness, and how to stay calm when it counts.
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Additional Resources


Disclaimer

The information in this article is provided for educational and informational purposes only. It does not constitute legal advice or establish an attorney–client relationship. Readers are encouraged to consult a qualified attorney familiar with their state and local laws before making any decisions related to self-defense or the use of force.
All opinions expressed are those of Mark Schneider, Senior Firearms Instructor, and are based on training, experience, and publicly available information about the case.