Good shoot? Manslaughter charges brought in Michigan garage burglary shooting

[holdover]

Now personally I do not think I’d shoot someone for breaking into my car or garage even if legally allowed to. I do not think a piece of property is worth a human life. I value life more than property. I guess the same could be said for homes because the assailant could truly mean you no harm but breaking into a house is very different and the chance of something to go wrong increases exponentially.

I disagree, you may value life more than property ( morally correct) But that doesnt mean the crackhead in your garage does. You have no idea what his intentions are, if he is armed, If he is violent. if there are more than one. You are in a seriously dangerous situation and you dont have a clue to whats happening .

Morally your correct, you dont want to kill a kid for stealing your old broken weed whacker you hate anyway , but you dont want to put yourself in a position to get killed either. He chose to risk his life for a weed whacker, Thats not on you He made that decision, He put himself in harms way He made himself a threat when He entered your garage , It is also reasonable to assume an intruder is armed ,

I myself may cover the most likely entry point to my house and if my doorknob so much as Jiggles Im dropping the guy. Im not taking any chances that 3 MS 13 guys are going to run into my house . As long as you can articulate a threat that a reasonable person can understand Your going to be OK

 

[GOPerfect]

I’d have to look up the law in Michigan to apply it. I don’t really care enough to do that so I will apply NYS’s law and say they were both unoccupied dwellings and he should have stayed inside his home and called police. Shooting anyone breaking into an unoccupied dwelling in NYS is a bad move.
Now personally I do not think I’d shoot someone for breaking into my car or garage even if legally allowed to. I do not think a piece of property is worth a human life. I value life more than property. I guess the same could be said for homes because the assailant could truly mean you no harm but breaking into a house is very different and the chance of something to go wrong increases exponentially.

My spare change, encrusted in cat shit is far important to me than the life of the low-life vermin that decides to steal from me.

All of my stuff is far more valuable than these people.

 

[Saltwater60]

'"dwelling" shall mean any building or structure or portion thereof...'

House itself is clearly a dwelling. An attached garage is certainly a portion thereof of that structure.

You forgot this part. Is a garage occupied?

which is occupied in whole or in part as the home, residence or sleeping place
of one or more human beings and is either rented, leased, let or hired
out, to be occupied, or is occupied as the residence o

 

[Saltwater60]

I disagree, you may value life more than property ( morally correct) But that doesnt mean the crackhead in your garage does. You have no idea what his intentions are, if he is armed, If he is violent. if there are more than one. You are in a seriously dangerous situation and you dont have a clue to whats happening .

Morally your correct, you dont want to kill a kid for stealing your old broken weed whacker you hate anyway , but you dont want to put yourself in a position to get killed either. He chose to risk his life for a weed whacker, Thats not on you He made that decision, He put himself in harms way He made himself a threat when He entered your garage , It is also reasonable to assume an intruder is armed ,

I myself may cover the most likely entry point to my house and if my doorknob so much as Jiggles Im dropping the guy. Im not taking any chances that 3 MS 13 guys are going to run into my house . As long as you can articulate a threat that a reasonable person can understand Your going to be OK

If he stays in the garage and I’m not in there I’m in not much danger. Now try to enter the home and it’s a different story. I would shoot through a door as it’s opening or trying to be opened to my home.

 

[spat]

You forgot this part. Is a garage occupied?

which is occupied in whole or in part as the home, residence or sleeping place
of one or more human beings and is either rented, leased, let or hired
out, to be occupied, or is occupied as the residence o

Right, the structure is occupied in part (the house), but that makes the entire structure a dwelling if even part of it is occupied.

As long as the garage and the house are the same structure it's all one dwelling.

To say otherwise would be to say my kitchen isn't part of the dwelling, because there's a door between it and the bedroom. The only difference between the kitchen and the attached garage is the HVAC.

 

[Bigfoot]

Interesting thread.

 

[GOPerfect]

Interesting thread.

Interesting to see how many people are just weak and soft.

 

[TEOTWAWKI inc.]

Detached garage? What are the laws on chaining the doors and burning the building?

 

[spat]

Detached garage? What are the laws on chaining the doors and burning the building?

Perhaps a citation of the precedent of "shoot, shovel, and shut up" would be in order.

Depending on the jurisdiction, and assuming the "shoot" part is justified, that might not even be technically illegal.

I would not want to have to defend that last point in court though.