Supreme Court of Colorado

Thomas Pearson v. the People of the State of Colorado.

January 10, 20222022 CO 4

Summary

The court held that self-defense may be asserted as an affirmative defense to harassment when some credible evidence would allow a reasonable jury to find that the defendant intended to alarm the alleged victim as a means of self-defense. Because Pearson presented sufficient evidence to warrant the instruction, the trial court improperly denied it, lowering the prosecution’s burden of proof; the error was not harmless beyond a reasonable doubt. The court reversed the district court’s judgment and remanded for further proceedings.