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Michigan Homeowner Forced To Use Firearm To Defend Self From Home Invader At 2 AM

An intruder in Muskegon County, Michigan, allegedly targeted a home with an attached apartment at about 2 in the morning on Monday, March 18. However, things went awry for that home invader once he entered the apartment and assaulted the resident, as the armed homeowner intervened and, coming upon the scene, used a firearm to shoot the home invader and stop the assault.

According to Fox 17, a local media outlet, the incident began in Michigan’s Egelston Township shortly before 2 a.m. when the alleged intruder, a 38-year-old male, started banging on the window of a home on the township’s Chatterson Rd.

It was then that, according to Muskegon County Deputies, the intruder broke into the apartment attached to the home and assaulted the resident of that apartment. The alleged intruder then proceeded to advance toward the main house on the property and, while trying to get inside it, was shot by the homeowner. The alleged intruder died of his injuries.

If those details as reported by Fox 17 are accurate, the homeowner’s use of deadly force was likely allowed under Michigan’s self-defense statutes. Particularly, the state’s so-called “castle doctrine,” which allows the use of deadly force to defend one’s home from intruders and presumes reasonableness in such circumstances, would likely allow the homeowner’s use of force.The Castle Doctrine provides:

“(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:

“(a) The individual against whom deadly force or force other than deadly force is used is in the process of breaking and entering a dwelling or business premises or committing home invasion or has broken and entered a dwelling or business premises or committed home invasion and is still present in the dwelling or business premises, or is unlawfully attempting to remove another individual from a dwelling, business premises, or occupied vehicle against his or her will.

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“(b) The individual using deadly force or force other than deadly force honestly and reasonably believes that the individual is engaging in conduct described in subdivision (a).”

Michigan also has a stand your ground law. That law, MCL 780.972, provides, “(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.

It continued, “(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.

Watch the local media report on the incident here:

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