(WXYZ) — A teen is dead and another is injured after a shooting in White Lake Township when they and five others allegedly broke into a homeowner's detached garage Tuesday.
Watch Randy Wimbley's video report:
According to neighbors, this was the third time the garage had been burglarized. Police are now investigating the shooting. All of it raises questions about when homeowners can legally use deadly force.
Michigan's self-defense laws provide specific guidelines for when lethal force is justified, according to Jim Makowski, a defense lawyer who specializes in Michigan firearm and use of force laws.
Makowski said the use of deadly force is justified if someone kicks open the door or pushes their way inside after you answer the door.
"Deadly force is authorized. Your home is being invaded and you've got a reasonable presumption that you're in danger," he said.
Hear more from Jim Makowski about Michigan's self-defense laws in the video player below:
Makowski explained that two legal doctrines outline when deadly force can lawfully be used: if there's an honest and reasonable belief it's necessary to prevent immediate death, great bodily harm or rape of yourself or someone else.
The first doctrine is commonly known as "Stand Your Ground."
"You have the right to defend yourself with no duty to retreat as long as you're not committing a crime and you have the legal right to be there," Makowski said.
The second is the "Castle Doctrine."
"Your home is your castle. You have the right to defend it if someone is breaking into your house. There's the presumption they are meaning harm to you and you can use deadly force to repel that threat," Makowski said.
The Castle Doctrine applies to the curtilage, or immediate surroundings of your home, but there are important distinctions when it comes to detached structures.
"Now, if you've got a detached garage, that's outside the curtilage of your house. 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," Makowski said.
He said deadly force can not be used in a situation where someone is in the home and you see them, but they're quickly taking off.
"If they're retreating, you cannot use deadly force because you're no longer in fear of your life. I mean, if someone is trying to get out of the situation, you have to let them go," Makowski said.
Furthermore, Michigan law does not allow the use of lethal force solely to protect property — including pets and cars — with one key exception: when someone is inside like a spouse, loved one or child.
"Different story altogether. It's more of a carjacking than an auto theft. Defense of others absolutely comes into play," Makowski said.
Derek Miller, a former Macomb County prosecutor, shared what he would look for in a case where a homeowner uses lethal force.
"When you're looking at a homeowner that uses deadly force, you gotta look at the nature of the crime," Miller said. "Was this person reacting to an immediate fear of death or great bodily harm within their house, or were they hunting?"
Hear more from Derek Miller in the video player below:
Makowski emphasized that there's one almost sure-fire way to avoid legal and emotional trouble when it comes to using a firearm in what you believe is a self-defense situation.
"Always consider retreating if you can. No one wants to take a life," Makowski said. "If you have to use deadly force, don't hesitate to use it to protect yourself. But if you can avoid using deadly force, always try to do so."
