PORTAGE, Mich. — In Portage, a homeowner who has been arrested on an open murder charge for the deadly stabbing of a break-in suspect has brought up a discussion about self-defense and how the legal principle is spelled out in the state.
On Thursday, I spoke to Sarissa Montague, a partner at Markou Montague Levine Defense, a legal firm in Kalamazoo, about the case.
Watch Sam Landstra's report in the video player below:
"Self-defense is what we call an affirmative defense," Montague said. "What affirmative defense does is provide a legal justification."
Kalamazoo
Prosecutor declines to charge Portage homeowner with murder of break-in suspect
In Michigan, the claim of self-defense is measured against a number of criteria.
According to the Michigan Self Defense Act, a person may use deadly force against another person if they are "not engaged in the commission of a crime" and are in a place where they have "the legal right to be with no duty to retreat."
Most importantly, though, a person must also "honestly and reasonably" believe the use of deadly force is necessary to prevent death, great bodily harm or sexual assault. This threat may be directed toward themselves or another person.
"It's really about the fear of death, great bodily harm or sexual assault," Montague said.
In light of this argument for self-defense, I also asked the defense lawyer about why the homeowner was arrested.
"When law enforcement shows up (at the scene), what do they see? They see a dead person. How did that person die? Well, it appeared as if they died at the hands of another person," she said.
Montague said Kalamazoo Public Safety officers were allowed to arrest the homeowner if they had probable cause to believe a criminal offense had taken place.
Kalamazoo County Prosecutor Jeff Getting temporarily denied the charging petition of Portage Public Safety, which requested the homeowner face a charge of open murder, stating that more information is needed before making a charging decision.
"That's what's taking place right now," Montague said. "All of the different parties are doing a thorough job in investigating what's taken place and are making a diligent decision about how to proceed."
