People v. Romero.
2025 COA 91. No. 25CA1082. Menacing—By Use of Firearm, Knife, or Bludgeon—Dictionary Definition.
November 26, 2025
Romero was charged with felony menacing. The district court conducted a preliminary hearing where a police officer testified that the victim reported that Romero pulled a small hatchet from his coat during an argument and repeatedly drew and sheathed the weapon in a threatening manner. Another officer who responded to the scene and took the weapon from Romero testified that the hatchet was about 10 inches long and had a blade and a handle. The district court found clear evidence that Romero had knowingly placed or attempted to place the victim in fear of imminent serious bodily injury. But the court determined that the hatchet did not qualify as a “knife” under the menacing statute, so it reduced the charge against him to misdemeanor menacing.
On appeal, the People argued that the definition of “knife” in CRS § 18-12-101(1)(q) should apply to Romero’s crime. But this definition is expressly limited to Article 12 of the criminal code and thus does not define what a knife is for purposes of the menacing statute.
The People also argued that the hatchet Romero used meets the dictionary definitions of “knife.” Menacing is generally a misdemeanor but becomes a felony when committed with a firearm, knife, or bludgeon. Multiple dictionaries broadly define “knife” as a cutting instrument consisting of a blade and a handle. The court of appeals concluded that in the context of the menacing statute, these definitions are broad enough to include the hatchet Romero used. Further, even assuming that the hatchet does not fall within the literal meaning of the word “knife,” it would strain logic to treat the hatchet here differently from any other sharp-edged blade fitted with a handle that is used for cutting. Accordingly, there is probable cause to believe that Romero’s weapon is a knife under the menacing statute, and a jury must ultimately decide whether Romero committed menacing “by the use of a firearm, knife, or bludgeon.”
The order was reversed and the case was remanded to reinstate the charge of felony menacing.