Warren Caregiver Shoots And Kills Intruder

[Guest Happy Guy]

SELF-DEFENSE ACT (EXCERPT)

Act 309 of 2006

 

 

780.972 Use of deadly force by individual not engaged in commission of crime; conditions.

 

Sec. 2.

 

(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:

 

(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.

 

(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.

 

(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.

 

 

See .. my entire problem is that I had marijuana plants. Without them there would probably have been no charges filed.

Nope. You can't shoot a kid breaking into your outside garden of tomatoes either. You just can't shoot people for stealing, period. Especially kids. You can shoot them for trying to kill you. You can't just assume they are trying to kill you because they are breaking into your garden.

[peanutbutter]

Nope. You can't shoot a kid breaking into your outside garden of tomatoes either. You just can't shoot people for stealing, period. Especially kids. You can shoot them for trying to kill you. You can't just assume they are trying to kill you because they are breaking into your garden.

 

I agree that you can't shoot someone for trying to break into your outdoor grow. Unless you are inside the grow and they come in with a gun.

 

Then self defense applies.

 

Now then .. as far as what is assumed .. I guess you missed this part:

 

(1) Except as provided in subsection (2), it is a rebuttable presumption in a civil or criminal case that an individual who uses deadly force or force other than deadly force under section 2 of the self-defense act has an honest and reasonable belief that imminent death of, sexual assault of, or great bodily harm to himself or herself or another individual will occur if both of the following apply:

 

It is presumed that you were in fear of deadly force unless it can be shown otherwise.

 

IT STARTS OUT THAT IT IS PRESUMED YOU WERE IN THE RIGHT. Since 2006

[Wild Bill]

You just can't shoot people for stealing, period.

 

Yes you can. Michigan criminal law recognizes the 'Fleeing Felon Rule';

 

The use of deadly force to prevent the escape of a fleeing felon is justifiable where the following three circumstances are present:

 

(1) the evidence must show that a felony actually occurred

 

(2) the fleeing suspect against whom force was used must be the person who committed the felony

 

(3) the use of deadly force must have been "necessary" to ensure the apprehension of the felon.

 

People v Hampton, 194 Mich App 593, 596-597; 487 NW2d 843 (1992).

 

The right of a police officer to use deadly force to stop a fleeing felon is the same as that of a private citizen, with the

exception that a police officer may use deadly force if he reasonably believed that:

 

(1) a felony occurred

 

(2) the fleeing suspect was the person who committed the offense.

 

People v Fielder, 194 Mich App 682, 693-694; 487 NW2d 831 (1992);

People v Whitty, 96 Mich App 403, 411; 292 NW2d 214 (1980).

[The Digital Nomad]

the felony was not stealing - as nothing was stolen. The felony was Home Invasion.

 

(2) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the first degree if at any time while the person is entering, present in, or exiting the dwelling either of the following circumstances exists:

 

(a) The person is armed with a dangerous weapon.

 

(b) Another person is lawfully present in the dwelling.

 

I guess we skipped over the funny part about the home owner's kitchen knife being found near the intruder - considering the intruder was shot entering the window at the time. (do not change or modify your 'crime scene - the home owner did not need the suspect to have a knife to shoot him)

 

-DN

[The Digital Nomad]

civilians cannot shoot under the fleeing felon rule, only LEO.

 

-DN

[peanutbutter]

civilians cannot shoot under the fleeing felon rule, only LEO.

 

-DN

 

No .. it's in the law. It just hasn't been applied for a long time.

[Gangie]

If they make it my house they will be wishing I shot and killed them. it will be their last mistake they make.Being in the military and owning the anarchist cookbook guarantee things will be a blast. Everybody gets walked in and out for safty. Everybody!

 

I would rather be judge by 12 then carried by 6!

I'm willing to Die to protect my Family and my stuff are you will

to Die to steel it?

AMEN !!

[Musicianized]

I was broken into last halloween at 5am. We heard a crash downstairs and I thought it was the inlaws that were staying the night, up and getting ready to leave. All of a sudden my daughter who had been down on the couch sleeping came crashing into my room saying "daddy, someone's in the house".

 

I hurriedly got my gun and when I got to the top of the stairs there was a guy at the bottom pointing something at me. In the same second that I was about to pull the trigger I recognised it was a roll of paper towels so I hesitated. Then I recognized his face. The guy/kid was someone I had worked with for 3 years. We weren't friends outside of work or anything, he just happened to break into my house.

 

I came down the stairs with the intention of bludgeoning him with the butt of my gun but I could tell he was totally wasted. He was always a good kid at work and I had enough respect for him to not hurt him. He was obviously unaware of his surroundings. I said to him "look what you did to my door man. wtf" and he immediately started cleaning up the glass. About that time the police walked in.

 

I didn't press charges, I didn't want to ruin his life. He lived a block away from me in a corner house like mine. I was convinced that he wasn't breaking into my house to commit a crime. He came back the next day and apologized profusely to me and my family and gave me $100 to fix the door.

 

I almost killed the kid, .0001 second from squeezing the trigger. Had I done it sure I would've been justified, but would I be able to live with ending his life after finding out he was just wasted not knowing what he was doing, well, probably not.

 

You have to make sure of someones intent before you just kill them otherwise you might regret it, justified or not.

[Croppled1]

I cannot imagine killing someone over a plant I can regrow for 4 months of my time . Nor can I imagine the ridiculousness of Government creating regulation ( penalties ) against something that brings comfort to people so coveted people would steal to obtain it rather then grow it themselves . I can imagine a disabled person terrified of someone forcing their way into their home and not being able to distiguish intent fearing the worst and killing someone . This is a different world then my Grandparents or even the one of my childhood . Let's hope the economy picks up soon and we stop spending on war and spend on infrastructure building jobs . There are too many idle depserate hands and when times are tough the programs for the disabled are disposeable . Which is a polite way of saying the vulnerable disabled are considered disposeable . That is how vital many programs are to survival .