WHITE LAKE TOWNSHIP, Mich. — A shooting incident has left one teenager dead and another injured following an alleged break-in at a homeowner’s detached garage on Tuesday night. The incident involved seven individuals in total, raising significant discussions about homeowners’ rights to use lethal force in such situations.
Local residents reported that this was the third burglary attempt on the garage, prompting police to launch an investigation into the shooting and the circumstances surrounding it. The situation has prompted questions regarding Michigan’s self-defense laws, particularly about when deadly force is permissible.
Jim Makowski, a defense attorney specializing in firearm and use-of-force laws in Michigan, explained that homeowners can lawfully use deadly force under specific conditions. For instance, if someone forcefully enters one’s home or refuses to leave after being warned, deadly force may be justified. According to Makowski, the law supports homeowners who believe they are in imminent danger during such invasions.
“There is a reasonable presumption that you’re in danger if someone is forcibly entering your home,” he said.
Makowski highlighted two legal principles that dictate when deadly force can be legally employed. The first, known as “Stand Your Ground,” allows for self-defense without a duty to retreat as long as the individual has the legal right to remain in that location.
The second principle, termed the “Castle Doctrine,” affirms the right to defend one’s residence against intruders. “Your home is your castle,” Makowski stated, emphasizing that the presumption exists that anyone breaking in intends to cause harm, thus justifying the use of deadly force.
However, he noted that the rules differ when it comes to detached structures like garages, which are typically not included within the legal boundaries of a home. If the garage is separate from the main dwelling, the legal protections are not as robust as they would be if the intruder were attempting to enter the house directly.
Makowski also pointed out that lethal force cannot be justified if an intruder is fleeing the scene. “If they’re retreating, you cannot use deadly force because you’re no longer in fear for your life,” he explained.
Furthermore, in Michigan, the law does not allow for lethal force merely to protect property. The exception occurs when individuals such as family members are in danger, where the legal concept of defending others becomes applicable, akin to defending against a carjacking.
Derek Miller, a former prosecutor from Macomb County, shared insights into what would be considered if a homeowner were to use deadly force. “The nature of the crime is vital—was the homeowner reacting to an immediate threat or were they overreacting?” he asked.
As the investigation unfolds, Makowski offered a key piece of advice to avoid legal issues related to firearms. “Always consider retreating if you can. No one wants to take a life,” he said. He stressed that if circumstances necessitate the use of deadly force, one should act without hesitation, but avoiding confrontation whenever possible remains paramount.
This incident has sparked significant community concern and legal scrutiny, as discussions around self-defense laws are likely to continue.
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