Abling will Stand Trial in the Murder of Rory Alba

Marla Abling

The Colorado “Make my Day” law will not apply in the case of Lamar resident, Marla Abling. Abling is charged with first degree murder in the death of Rory Alba on January 23, 2013 in Lamar. Her public defenders  presented the “Make my Day” scenario during a six day immunity hearing to dismiss the charges in September and early October before Judge Stan Brinkley in the 15^th District Judicial Court for Prowers County. 

Brinkley stated in his ruling on Wednesday, October 23,  that facts presented by her defense team of La Junta public defenders Russell Zane and Ray Torrez did not meet all of the four criteria of “Make my Day” statute and as a result the first degree murder charges and her bail bond of $150,000 will remain in place. Brinkley said that two of the issues or ‘prongs’ were proved by the preponderance of the evidence presented by the defense in that an unlawful entry into a dwelling was made and the defendant, Abling, used force against the person that actually made the unlawful entry into the building, Rory Alba.   

Brinkley stated that all four prongs of the “Make my Day” statute needed to be met and the motion and preponderance of the evidence was lacking on the third item which reads, “The defendant reasonably believed that such other person might use physical force, no matter how slight, against any occupant of the dwelling.”  The ruling continued, “Furthermore, for purposes of this hearing only, the Court determines that the evidence presented during the Immunity Hearing established prong B.  Specifically, People v. Thomeczek, 284 p.3d 110 (Colo. Appl 2011) when applied to the evidence presented at the Immunity Hearing required a finding by the court that the Defendant should prevail on prong B by a preponderance of the evidence.  The above and forgoing notwithstanding, the Court determines that Defendant has failed to prove by a preponderance of the evidence of prong C.”   

The ruling stated that because prong C was not proven by a preponderance of the evidence and because Abling failed to meet her burden on all four prongs, the motion was denied.  Abling will next appear in court on November 13 for a status conference and a preliminary hearing was set for December 9.  She is still being held at the Prowers County Jail until her bail of $150,000 can be reached.

Editor’s Note:  There is no legal action being taken against local residents named Thomeczek in the referenced People vs Thomeczek  which appears in this Abling court action update.   

By Russ Baldwin