Man gets appeal denied for Super Bowl Sunday murder
MESA COUNTY, Colo. (KREX) – A man, who was sentenced for murder following a dispute on Super Bowl Sunday in 2020, had his appeal denied by the Colorado Court of Appeals.
Christopher Rizo was convicted to life in prison without parole for killing Thomas Huddleston outside Roosters Tavern on Feb. 2, 2020. He was also convicted for shooting Thomas' brother, Bill Huddleston.
The incident started when Rizo sat next to the brothers, talking about the game. Rizo became furious after a joke made by another trucker – which the brothers laughed at.
Rizo told the men they weren't 'from around here' and should be careful, according to court documents. Although a bartender tried to defuse the situation, the man continued, eventually calling her a 'f***ing b****' after he was asked to leave.
When Thomas and Bill left Roosters following the game, Rizo pulled up to them and pointed a gun at Bill. Rizo ordered him to empty his pockets, before taking his phone. At the same time, Thomas returned to his truck to get his gun.
Rizo yelled at Thomas to get out of the vehicle before Bill swung at him. Rizo shot Bill twice in the leg who then dropped to the knees. Bill heard a series of gunshots and saw Thomas fall to the ground, according to court documents.
Rizo picked up Thomas' gun and fled the area.
Thomas was declared dead at the scene; he was shot 12 times. A tourniquet was placed on Bill's leg, and he was sent to the hospital.
Rizo contested his sentencing saying he was acting in self-defense, and he was not given due process, a fair trial or an impartial jury.
In the appeal, Rizo, who did not testify in the original trial, argued the court failed to instruct the jury regarding self-defense or multiple assailants and it should not have admitted his behavior in the bar before the shooting as evidence. Because of this it led to cumulative error, Rizo contended
The appeals court didn't find any such issues. It said the jury was instructed to use the model self-defense instruction. Rizo's conduct is also admissible evidence because it happened 'contemporaneously' with the shooting, court documents read.
'Specifically, Rizo's conduct provided relevant evidence of his motive for reappearing at the bar more than two hours after he was kicked out and of his mental state as he approached Thomas and Bill,' according to court documents.
The appeals court also said it did not find any errors in the trial meaning no cumulative error occurred.
Rizo also contended his life sentence without parole was unconstitutional as it's a cruel and unusual punishment. But the appeals court said it was not persuaded by his argument.
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