A Portage homeowner who killed a suspected car break-in suspect last month will not face charges.
The Kalamazoo County Prosecuting Attorney said this week that after reviewing the case and the law, he will not authorize criminal charges.
On Sept. 30, the break-in happened at a home on Cedarcrest Ave. The homeowner stabbed the suspect.
A 54-year-old Cedarcrest resident told police he heard someone breaking into a vehicle in his driveway around 3 a.m. He went outside and confronted a 51-year-old man from Kalamazoo.
According to the Portage Department of Public Safety, during the struggle, the 51-year-old produced a knife. The struggle continued, during which the homeowner reportedly stabbed the man to death.
The deceased Kalamazoo man was identified as 51-year-old Roy Harris James Jr.
Watch below: Homeowner arrested after car break-in leads to deadly confrontation in Portage
Watch below: Portage homeowner arrested for deadly stabbing of break-in suspect: What is self-defense?
Originally, the homeowner was arrested on an open murder charge, but 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.
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.
Follow FOX 17: Facebook - X (formerly Twitter) - Instagram - YouTube
