Posted by Geno: A perp in one's house, uninvited in the middle of the night or day is face-value grounds to use force to end the attack.
If he's a perp, and if he's attacking, yes indeed.
In the incident at hand, the resident employed
deadly force. We do not know whether the intruder was attacking anyone, and that brings into play something else. Attorney Steve Dulan's explanation, and the wording of the code for that matter, place another requirement on relying on the fact of an unlawful entry to justify the use of deadly force in Michigan:
breaking and entering.
There is then the matter of whether the evidence should indicate a reason for
rebutting the statutory presumption that the resident had a reasonable belief that death, great bodily harm, or sexual assault were about to occur.
The assumption is the perp is not there to draw water to prepare tea for two. The perp is there for criminal intent.
Yes.
This type of case was explicitly discussed by William J. Kucyk Jr., Attorney at Law. Kucyk was also the SWAT director for 27 years in Oakland County. I have a hard time thinking he misstated the law.
Did Mr. Kucyk's explanation differ from that of Mr. Dulan's?
Also, as we have legislated castle doctrine in Michigan, the homeowner is protected from litigation by the perp's family.
Good.
Some time ago, Jeff White, who was my predecessor as moderator on the Strategies and Tactics forum and who lived in Alma, IL, related the story of the noisy entry of someone in the middle of the night into the home; he did respond to a challenge--may not have heard it. Fortunately, no shots were fired. The "intruder" turned out to be a friend of the resident's son, with whom he was returning early from a camping trip. And yes, they have a castle doctrine in Illinois.
Two years ago, a resident returned to his home in Washington State, found a man in his house, and killed him. He was convicted and served time. The evidence contraindicated the legal presumption of a reasonable belief, etc. They do have a castle doctrine there.
Several decades ago, someone broke into the house next door through a basement window in the very early hours of the morning. He was a resident; the door lock would not work.
There are all kinds of reasons why shooting first may not be the right thing to do. Regarding the case at hand in Lansing, we'll have to wait for the results of the investigation, and if it comes to that, for the outcome of the trial process.
