A 72-year-old Flint, Michigan man was startled from sleep by the sounds of people in his house. The senior citizen grabbed his handgun and went to investigate.
What he found was four intruders including 17-year-old identified as Chealsey Luster. The four young men started to flee and the homeowner shot Luster in the chest. Luster's body was found about a block and a half away, just outside a party store.
The investigation has revealed that Luster was outside of the home when he was shot, but was facing the homeowner. Michigan legal experts say this falls into a legal gray area.
"Four guys? Yeah, I'm going to be very fearful," said Peter Henning, a law professor at Wayne State. "Four guys that hear you and leave? You are getting very close to the line."
Ron Bretz, Cooley Law School professor, said the Michigan Supreme Court has held that one can use deadly force to stop someone who committed a felony from running away, citing a 1990 Michigan Supreme Court case, State of Michigan vs. Couch.
Of course, that's what happens when you ask lawyers what they think. What about when you ask police officers?
"It's every person's right to defend their home, and to make sure their home is safe," said Flint Police Chief James Tolbert in a statement.
I'm really starting to like these Michigan police chiefs.
More defensive gun use stories:
- [04/22/2014] Determined robber gets shot, flees with money (Texas)
- [04/19/2014] Armed thugs met an armed combat veteran (Connecticut)
- [04/16/2014] Concealed carrier fights back after gun held to his head (Massachusetts)
- [04/15/2014] Senior citizen wakes to four intruders, opens fire (Michigan)
- [04/13/2014] An elderly man baits burglars, opens fire (Alabama)
- Defensive Gun Use - March 2014