If anything, this is one of the best examples I have seen on how to behave prior, during and after a legal use of a firearm in self-defense. A traumatic event without a doubt, but beats the alternative.
By Miguel.GFZ
Semi-retired like Vito Corleone before the heart attack. Consiglieri to J.Kb and AWA. I lived in a Gun Control Paradise: It sucked and got people killed. I do believe that Freedom scares the political elites.
Just a shame. The PD shouldn’t have cuffed him. They should have brought him a coffee and an attaboy.
I will be disgusted if the DA charges him.
(Yes, tactically, he could have stayed in the house. That might not have had to shoot. Maybe,)
Also tactically, the broken window was pretty high up, and the lower section looked frosted to me, like a bathroom window. Confronting the burglar through that window would mean he wouldn’t have been able to see the burglar draw a weapon. And it’s reasonable to assume the burglar would have no qualms about shooting through the window or wall.
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Realistically, “breaking the perimeter” was probably a poor decision on the homeowner’s part, both tactically (it exposes him to increased danger) and possibly legally (he confronted the burglar outside and shot him while he wasn’t trying to forcibly enter the home). Some “Castle Doctrines” cover the curtilage (read: yard, garage, and outbuildings), and some only cover the livable house. I don’t recall what Michigan’s covers, or if it imposes a “duty to retreat” that the homeowner violated by going to the burglar to confront him.
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I’m glad he’s OK for now, but we’ll have to see what the DA decides to do.
IIRC, MI’s CD law does not require you to retreat. You can use deadly force (meeting the criteria) anywhere you have a legal right to be.
I agree with Rick above…If a homeowner is defending his home, case closed. Nothing to investigate.
We’ll see what the DA decides to do, though I imagine they’ll decide the law and the facts are on the side of the homeowner. If not, I hope the homeowner gets a fantastic lawyer and reams the DA’s office a new one.
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Two additional thoughts:
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First, what’s the over-under that the now-dead burglar has a rap sheet a mile long? If he’s attempting to commit armed home invasions at Holy-S#!t-o’clock, odds are this isn’t his first rodeo.
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Second, whether the burglar has a history or not, one thing is absolutely certain: His future recidivism rate has just dropped to zero.