Was Michigan man justified in shooting garage intruders? Experts weigh in
When is deadly force acceptable in Michigan?
After a homeowner in White Lake Township opened fire on a group of teenagers attempting to access his garage, killing one and injuring another, questions are being asked about the legality of their actions.
WHITE LAKE, Mich. (FOX 2) - After a Michigan man fired shots at a group of people breaking into his garage, killing one and wounding another, he could soon find himself facing charges for choosing to use his gun.
Early Tuesday, a White Lake homeowner saw a group of seven people entering his detached garage through his security cameras, went outside to confront them, and opened fire, striking two people.
But was the shooting justified? Legal experts say, based on the facts currently known, no.
The backstory:
Around 1 a.m. Tuesday, the man saw the intruders going into the garage of his home on Mandon Drive and went outside. Police said he started shooting at the group as they left the garage, causing them to run away.
After the shooting, White Lake Township police were notified that a 17-year-old was near Huron Valley Hospital in Commerce Township, while another 17-year-old was at the hospital.
One of those gunshot victims died while the other one was receiving medical treatment for their injuries.
A neighbor who heard the gunshots said it was the third time someone had broken into the garage. That witness believes the suspects were after dirt bikes, adding that the homeowner put up cameras because of the break-ins.
Teen dies after suspected break-in at White Lake Township
Police are investigating the circumstances around a shooting in White Lake Township after a homeowner fired on seven people who broke into his garage early Tuesday morning.
What they're saying:
According to FOX 2 legal analyst Charlie Langton, while the law does allow you to protect yourself with deadly force, that does not apply to property.
"The law is very, very clear - you do not have a right to use deadly force to protect your property," Langton said, noting that a person has to be in imminent danger to utilize deadly force. "The law says you can use deadly force to defend yourself, your body, against imminent physical harm or sexual abuse or in a vehicle."
Langton goes on to add that the garage was detached from the home, and the shooter left his house to confront the suspects.
"He goes out to the scene of the crime," he said.
The legal case after White Lake homeowner kills teen allegedly robbing his garage
The prosecutor will have to decide if a homeowner in Oakland County was within his right to shoot a teenager who allegedly broke into his detached garage this week.
Because of this, Langton believes the homeowner will face charges, likely second-degree murder and felony firearms.
"Bottom line - you've got to feel right now you're in danger. Then you could use deadly force," Langton said.
Bill Kucyk, an attorney and former police officer who owns two gun stores, echoed that he does not believe the homeowner's actions were justified.
"If you or somebody else is facing life-threatening injury or death, you’re allowed to use deadly force to protect yourself," he said. "It’s against the law to kill somebody. However, the law does excuse that under certain circumstances, and one of them being self-defense."
What could change things:
Police have not said that the suspects were armed, and Kucyk noted that there is no evidence suggesting the suspects were physically threatening the homeowner, thus providing no justification for the use of lethal force.
Even if the homeowner felt scared, there must be an immediate danger for a person to react by shooting.
Teen killed when homeowner opened fire during attempted break-in
One teen was killed, and two people are in custody as police search for more suspects. The question now: could the homeowner face charges?
"In this case, this is at best a property crime," Langton said. "There's only one justification for using a gun, and it's self-defense."
If evidence comes out that the break-in suspects were armed, using deadly force may be justified.
Langton added that if the suspects had broken into the man's house, not his detached garage, the use of deadly force would have been permitted. This situation would also have been different had someone been in the garage when the break-in occurred.
What he could have done:
Langton said the homeowner should have called 911 when he saw the break-in on his cameras.
What's next:
The Oakland County Prosecutor's Office will review the case and decide if the homeowner should face charges.
As of Thursday morning, no charges had been filed.
The Source: Previous FOX 2 reporting was used in this story, along with interviews with Charlie Langton and Bill Kucyk.