Homeowner fatally shoots teen garage intruder, MI cops say. Will he be charged?

Miami Herald

3 days ago

A homeowner in Michigan fatally shot a 17-year-old boy accused of breaking into his garage, authorities say.
Two days after the July 8 shooting in White Lake, an investigation into whether the homeowner is justified for his actions is ongoing.
White Lake Township Chief of Police Daniel Keller said in a news release the homeowner was alerted through his video surveillance system that seven individuals had broken into his detached garage.
He exited his home and fired multiple shots at the accused intruders, who all fled the scene, police said.
Officers later learned two 17-year-olds — one at a hospital and one near the hospital — had been shot, Lt. Matthew Ivory said in a news briefing streamed by WDIV. First responders provided lifesaving care to the teens, but one died from their injuries, Ivory said.
Police said two arrests were made, including a juvenile who was released to their parents. The second arrested individual, an adult, has 'pending issues with other jurisdictions that he will have to take care of' before being released, Ivory said.
The Oakland County Prosecutor's Office will review the police department's findings to determine if the homeowner will be charged.
'It's hard to give advice on that,' Ivory said when asked about homeowners protecting their property. 'You do have the right to protect your life and I just hope it doesn't come to that. We want to be a safe community and we ask that people stay safe. Obviously as soon as you realize something is going on, the faster we know, the faster we can get there.'
Will homeowner be charged? What experts say
Experts believe the homeowner could face charges, including the possibility of second-degree murder.
The Self-Defense Act, also called the Stand Your Ground law, allows someone to use lethal force to defend themselves. The Castle Doctrine, meanwhile, allows a person to protect themselves with lethal force inside their home.
Making matters complicated in the White Lake incident, defense attorney Jim Makowski told WXYZ, is that the shooting took place in a detached garage away from the home.
'Now, if you've got a detached garage, that's outside the curtilage of your house,' Makowski told the news outlet. 'It's not attached to your house. If it was an attached garage and someone was breaking in with a doorway into the house, again that's part of the dwelling.'
Only the homeowner fired shots in the White Lake shooting, police said. It's unclear if any of the accused intruders were armed.
Former police officer Bill Kucyk said the homeowner is not justified in the shooting because there is no evidence suggesting he was physically threatened, according to WJBK.
Charlie Langton, WJBK's legal analyst, said the law does not allow someone 'to use deadly force to protect their property.'
A charge of second-degree murder is likely, according to Langton, because he confronted the suspects outside his home.
White Lake is about a 40-mile drive northwest from Detroit.