jallman: "It's all good. At least you have a thick skin and can take being poked fun back at without crying. "
If it goes to trial, this will be the Defense's case:
He was in the deepest sleep at 3:40 AM when she knocked on the door. This awoke him, but he wasn't sure if he had heard a knock on the door? Or some other noise? Or even certain he had heard anything at all. But before going back to sleep he thought he would look outside. A high crime area, he grabs his shotgun - still not fully awake.
He opens the front door and he sees someone covered in blood coming towards him and in the instant he flinches or even momentarily panics - firing one time. He would stress the time, that it was night, he half awake and the person coming at him all bloody.
Then, maybe the Defense would point out he's never been in trouble with violence and law in his life, and nothing hints he had any desire to kill her or anyone else. Now is he a murderer for her irrational and illegal behavior maybe under the influence of something and on run from the police? That in that terrifying instant he was terrified?
The crime of opening his door? What would you do if someone came right towards and only a few feet away covered in blood in the middle of the night when you opened your door? Figure a nylon screen protects you? Have time to figure anything? And present experts on how people can react beyond their control in sudden terrifying moments.
That will be the defense if a likely plea deal isn't made quietly many months from now.
If the man was rich, this would be an interesting study by the defense team. Then have experts study what happened to testify on it.
Dress someone up in a wig, mask and as she was dressed, same size, and also pour fake blood on her face and clothing. Then have this person knock on doors about the same time of the night in that area - to see how many ultimately do come out to check their property. Of those who do open the door, have the actor then come at the person for a distance the shot was fired - video taping the person's reaction. It is not a crime to knock on people's doors, so the study would be legal.
Since only "murderers" would react violently, this is an entirely safe study, right? I suspect the video would show 2 things consistently. Some people do open their door. Some people totally freak out momentarily and do not do what is the most rational thing to do - and that some flinch and lash out in one way or another momentarily.
If that actor knocked on a police officers' houses doors, how to you think the officers would react in the same situation? It would interesting seeing such videos.
You have no idea if he purposely pointed the gun at her face.
And he claims accidental discharge, which under Michigan law would be a manslaughter charge because there was no intent to harm.
Or the following, being pretty much the same if he had aimed.
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.329 Discharging firearm pointed or aimed at another person resulting in death; manslaughter; exception; "peace officer" defined.
(1) A person who wounds, maims, or injures another person by discharging a firearm that is pointed or aimed intentionally but without malice at another person is guilty of manslaughter if the wounds, maiming, or injuries result in death.
(2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, "peace officer" means that term as defined in section 215.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.329 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005
Michigan Legislature - Section 750.329
Last edited by Excon; 11-17-13 at 09:36 PM.
"The law is reason, free from passion."
One does not point any gun at anything or anyone unless one is prepared to destroy it.
Intelligent gun handling is no different that intelligent driving or intelligent Sawzall handling - make a stupid mistake and someone gets hurt or killed.
I hate to see something like this.
If the homeowner had been holding the shotgun against and across his chest, and not pointed at the girl's face, none of this would have happened.
This is exactly why I do not use long guns for self defense.
A handgun, for me, is less apparent, easier to control, and easier to slip in a holster to remove it from the situation when necessary.
Greatness lies not in being strong, but in the right use of strength - Henry Ward Beecher
Baby sister, I was born game and I intend to go out that way - Rooster Cogburn