MUSKEGON, MI – A 53-year-old Muskegon man lawfully took matters into his own hands early Wednesday when an intruder forced his way halfway into the man’s home.

The incident occurred around 12:32 a.m. Wednesday, July 17, at a home in the 1500 block of James Street in the city of Muskegon, police said.

The homeowner was asleep when he was awoken by the sounds of someone pushing the air conditioning unit out of his window. As the alleged intruder began to enter the man’s home, the man grabbed his .40 caliber Glock and fired one shot over the suspect’s head, police said, scaring the suspect off.

The suspect had made it half way into the house, about mid-torso, when the homeowner fired the shot, police said.

When officers arrived to the scene, the suspect had already fled the area.

The homeowner wasn’t able to get a description of the suspect before authorities arrived, police said.

It wasn’t clear whether the suspect had been hit by gunfire, but there was no evidence at the scene to indicate he had, police said.

Officers discovered a bullet hole in the window glass and a shell casing in the area. The air conditioning unit was located on the ground, police said.

A suspect as of late Wednesday afternoon had not yet been identified, police said.

Authorities are not seeking charges against the homeowner.

Former Muskegon County Chief Assistant Prosecutor Brett Gardner, who is now an adjunct professor at Thomas M. Cooley Law School, said Michigan Law addressing homeowner’s habitation rights – also known as the Castle Doctrine -- allows a person to defend themselves if they feel they are in great bodily harm from an intruder.

“Michigan is a stand your ground state, but it’s a stand your ground state if you’re not committing any crimes,” Gardner said.

Gardner said if a person violates a homeowner or his or her residence and the homeowner is in "fear" of great bodily harm "or death" that homeowner "can use deadly force against any intruder."



"Case law indicates when you're in your home, a person entering while you are there, creates that kind of risk. You have a right to be safe and defend your own home," Gardner said.



Gardner said state law indicates: “Deadly force in the state of Michigan is appropriate (in these types of cases) and becomes self defense.”

In addition, police said the man had the proper registration for the weapon and proper license to carry it.

Anyone with information about the incident is asked to contact the Muskegon Police Department at (231) 724-6750 or Silent Observer at 72-CRIME.

Email: hpeters@mlive.com