However Improbable His Story: a Controversial Case of Self-defense - May 2008 - Historical Perspectives

• Publication year: 2008
• Pages: 57
• Citation: Vol. 37 No. 5 Pg. 57

37 Colo.Law. 57 Colorado Lawyer 2008.

2008, May, Pg. 57. However Improbable His Story: A Controversial Case of Self-Defense - May 2008 - Historical Perspectives

The Colorado Lawyer
May 2008
Vol. 37, No. 5 [Page 57]

Departments
Historical Perspectives
However Improbable His Story: A Controversial Case of Self-Defense
by Frank Gibbard

About the Author

Frank Gibbard is a staff attorney with the Tenth Circuit Court of Appeals and Secretary of the Tenth Circuit Historical Society - (303) 844-5306 frank_gibbard@ca10.uscourts.gov. The views expressed are those of the author and not of the Tenth Circuit or its judges. The author is grateful for the research assistance of Dan Cordova and Lynn Christian of the Colorado Supreme Court Law Library.

"At Last He's Vindicated," crowed the July 29 1897 Rocky Mountain News. "After a weary delay Robert J. Boykin, who shot and killed Milton S. Smith, a Negro desperado, while in the discharge of his duties as a policeman, is a free man."(fn1)

The News article made no pretense of objectivity in reporting on the denouement of a very controversial murder case involving racial tensions, law enforcement rivalries and a shaky claim of self-defense. The article is full of misleading simplifications: that Boykin was "vindicated" that Smith was a "desperado" and that the shooting was part of Boykin's "duties as a policeman." The reality concerning the tragic shooting of Sheriff's Deputy Milton S. Smith and Officer Boykin's subsequent conviction of second-degree murder is considerably more complex and ambiguous than the bombastic headlines suggested.

The Shooting

This much is undisputed: Denver police officer Robert J. Boykin shot and killed Arapahoe County Sheriff's Deputy Milton S. Smith at the corner of 20th and Market Streets in Denver at approximately 10:30 p.m. on October 5, 1894.(fn2) Pretty much everything else about the case is open to interpretation. The most important ambiguities involve Officer Boykin's claim that he acted in self-defense.

Character of the Victim

In a typical self-defense case, the victim's character is examined carefully to determine whether he could have been the aggressor. Opinions differed widely concerning the character of Deputy Smith. The Rocky Mountain News described him as a "desperate drunken brute," and stated that he "had the name of being a bad character."(fn3) It is unclear whether the News relied on testimony to support its statements, and it did not reveal the source of these opinions.

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