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Posted on Tue, Dec 18, 2012 : 6:44 p.m.

Resident confronts 2 men trying to break into home

By Kyle Feldscher

Ann Arbor police are investigating an attempted home invasion that took place Monday afternoon when two men removed a screen from a window before being confronted by a resident.

Ann Arbor police Lt. Renee Bush said police responded at 5:06 p.m. Monday to the 800 block of Kingsley Street. The resident told police he heard someone trying to open the side door. The resident walked outside and saw a man standing near the back corner of the home and another man crouching near the window sill.

According to Bush, the resident confronted two men, one of whom said he was trying to take a picture. The two men then got in a red pick up truck with a box in the bed and drove away after the resident told them to leave.

The resident discovered the window screen had been removed after the men left, Bush said.

Anyone with information on this incident is encouraged to call the Ann Arbor police anonymous tip line at 734-794-6939 or Crime Stoppers at 1-800-SPEAK UP (773-2587).


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Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.

Comments

brownsexy

Wed, Dec 19, 2012 : 10:39 p.m.

so glad they were caught

LaMusica

Wed, Dec 19, 2012 : 6:10 p.m.

Eek, the resident is lucky they just left and didn't try to fight him or hurt him.

Roy Munson

Wed, Dec 19, 2012 : 2:07 p.m.

Those of you who are sympathetic to the two (allegedly bad persons) in this article, your opinion on people like that will change as soon as your door gets kicked in - trust me. And if you live in this city, your odds of having it happen at some point are pretty decent.

Jim H

Wed, Dec 19, 2012 : 1:20 p.m.

Good person (the resident)! I'm glad it turned out well. There are many personal protection classes available locally that can improve the odds of a good outcome, lethal and nonlethal.

Commoncents

Wed, Dec 19, 2012 : 5:02 a.m.

Smokeblwr: Just out of curiosity - what is the best method to get people like this off the streets if you think ending their life isn't a good method ? To me, even if cops show up and they're busted red handed they're still back on the streets in a year or so doing the same thing again to different people. I'm actually interested to hear your opinion on that....

Commoncents

Sun, Dec 23, 2012 : 3:18 a.m.

PERE: Thanks for the exact wording. I never said that I thought vigilante murder was a good idea. That would be murder and illegal. Maybe I didn't state it correctly, but there should be no shame in killing someone that is in your house with the purpose to rob and/or harm you. It's legal if you think deadly force is needed, right? Either way, You're assuming I would take joy or would WANT to kill someone - both of which are untrue! If you knew my background I wouldn't have to tell you this. I said I'd sit in my home and if someone broke in I would pull the trigger. That's completely legal and by thinking about it ahead of time is smart to me - you don't carry a gun unless you plan to use it. When I got my CPL I had to think about it a lot before I actually started carrying it - I had to ask myself - If I carry this gun I had better be ready to us it - am i ? The answer is yes. That is all I meant. I didn't mean I have dreams about killing people - that would be pretty weird. I hope to never use it, but you had better believe I won't be going outside and asking robbers, "hey guys, what are you doing with that window screen in your hand, were you trying to clean my windows?" Heck no. I'm going to wait inside and be ready to react. There is no reason to hide from this type of thinking - it is my right as an American to protect my home and family. Don't you think it's reasonable to believe robbers have loaded weapons on them ? You'd have to be a pretty big idiot to just hope when they saw you with a gun they'd leave. Sure, if they see you WITHOUT a gun, maybe you get lucky and they leave, but in my case I'd be holding a gun.... at that point you're talking about split second decision making and that criminal likely has a gun - if they see me with one.... how do you think that would go down ? I've prepared mentally for this type of situation - that's all I meant. I'm actually glad you commented so I could clarify.

Peregrine

Fri, Dec 21, 2012 : 7:36 p.m.

@Commoncents: Sorry, but "feels" is not quite the legal standard for the use of deadly force in Michigan. Section 780.972 states: "The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual." Now you've stated in a public forum that, "the best method to get people like this off the streets" is "ending their life". Your goal is not self-preservation. Your goal is to be a vigilante. And you later describe the method you would use in your to make your desire to kill legal. And if you think you cannot be traced via your postings here, you are greatly mistaken. Finally, you state, "ever since I got my CPL I've run through mental exercises and I know what I would do - no hesitation". Well just today, Wayne Lapierre, executive vice president of the NRA, said, "Isn't fantasizing about killing people as a way to get your kicks really the filthiest form of pornography?" So apparently the NRA thinks your vigilante fantasizing is downright filthy.

Commoncents

Wed, Dec 19, 2012 : 5:55 p.m.

Where's Smokeblwr ? Figures.

Commoncents

Wed, Dec 19, 2012 : 5:53 p.m.

Tru2Blu: If it's me I wait inside with a cocked/loaded weapon and an extra clip handy. As soon as they enter the home and I am 100% confident they are there to burglarize - I dump until I'm certain they are dead. This scenario is legal in Michigan as long as the shooter FEELS like their life was in danger. You would have to be an idiot to go outside and walk around to see who might be out there. I'm not willing to test my luck. This method isn't for everyone, but I wouldn't feel an ounce of guilt doing this - ever since I got my CPL I've run through mental exercises and I know what I would do - no hesitation. DJBud: You are way more BA than I am. I would never bring a baseball bat to a knife or gun fight and the reality is you have NO idea what those criminals have inside their hoody or coat. See above.

Tru2Blu76

Wed, Dec 19, 2012 : 4:55 p.m.

Thanks, fellas. It's not possible to communicate well on a complex topic with word limits, etc. @DJBudSonic: overall, defense advice from attorneys is that cops, prosecutors, juries are looking for evidence of intent. Use of a baseball bat is deemed use of lethal force, particularly if the intruder is unarmed vs "armed with a bat." Part of every Mich. CPL qualification class includes time with class & an attorney - this is one source and there are others (expert witnesses like Massad Ayood, et al). Uniformly - these sources all say NOT to approach/ advance on the intruder. If you can't retreat, that's a different scenario, permitting use of deadly force if the other guy advances toward you or others you need to protect. @Craig: I respect your opinion but it depends on particulars (never talk to cops until you've talked to your attorney if you ever have to deal with the scenario you describe). You never know who you're going to be dealing with after such incidents: cops, prosecutors, judges and juries CAN disagree with you. Particularly the first 3: have seen most of the variations of these situations (many times), they can be skeptical even challenging: your demeanor, your story (your allegations about what actually happened). Cops in particular look for evidence at the scene. They also look for signs that evidence has been "arranged" to support the story given. They'll as TOUGH questions. Be careful - and try to be sure you're in safe territory b4 expressing anything which might be considered self-justifying or showing wrongful intent. "If he's in my house, I can kill him" - is not considered "safe territory." :-) See? Suggestion (repeated from previously): look for authoritative sources like the NRA Home Defense Handbook (given to all applicants for Mich. CPL.) It can be an eye-opener, but the intention is to keep defenders safe (and out of jail). Good luck, best wishes.

DJBudSonic

Wed, Dec 19, 2012 : 3:25 p.m.

Yes, also, you cannot shoot someone outside, then drag them inside, despite the long running joke at our range about that....

Craig Lounsbury

Wed, Dec 19, 2012 : 1:54 p.m.

Tru2Blu76 @"... there is no legal way for a homeowner to take a burglar's life. The law says that defending property cannot involve deadly force...." I am not a lawyer but I believe if a burglar is trying to enter your home and certainly if he has already entered your home you are allowed to assume his intent is to do you harm. So you can kill a burglar in your own home as long as you do it in one "motion". You can shoot him 3 times bam-bam-bam but you can't shoot him 3 times bam....pause walk over to burgler on floor bleeding and incapacitated...bam-bam.

DJBudSonic

Wed, Dec 19, 2012 : 1:20 p.m.

More like back on the streets in a week. I suggest you approach with non lethal force, like carrying a baseball bat or the like. That way the perp knows you mean business, you have a way to defend yourself, and there is no possibility of brandishing charges or firearm accidents. Thieves are cowards. Run them off! If you have to defend yourself with/from deadly force inside your home, be loud and clear to the assailant, let them know you have a firearm and will use it if they don't leave, check your field of fire for safe backstop, and if the worst thing happens and you end up shooting someone, the first thing to tell the police is "I feared for my life".

Tru2Blu76

Wed, Dec 19, 2012 : 7 a.m.

I'm a bystander but can't help but point out: there is no legal way for a homeowner to take a burglar's life. The law says that defending property cannot involve deadly force. ONLY if there's a perceived threat to life or possibility of great bodily harm can one use deadly force to defend against the threat. It might be someone's desire but it's unwise to think about "thinning out" the criminal population by shooting some. Besides, the story is about a non-lethal encounter between one homeowner and two burglars. The homeowner put himself at potentially great risk by going out to interact with two strangers who were breaking into his house. Armed or unarmed, this is a way to get yourself either killed or prosecuted. He was lucky - but had no reason to depend on such luck, judging from the story. One thing to keep in mind is that the law (and juries) always favor the defender over the aggressor. Claiming that no one is qualified to be a defender is nonsense: clever, competent defenders plan and compensate for any "deficiencies" ahead of time. Cops, judges and juries see this reality all the time. Politics-minded individuals do not, or they think in terms of extremes, "all or nothing." Hope this helps.

RJA

Wed, Dec 19, 2012 : 4:41 a.m.

Nice guy, (the home owner) they simply just left when he told them to leave.

towncryer

Wed, Dec 19, 2012 : 3:21 a.m.

Too bad the resident wasn't able to get the license plate number.

smokeblwr

Wed, Dec 19, 2012 : 1:50 a.m.

This article has been up two hours and no comments. Usually numerous boastful comments moaning the fact the homeowner didn't exercise force-via-firearm-like-a-real-Murrican populate articles such as these.

Jon Wax

Wed, Dec 19, 2012 : 3:35 p.m.

lol now that the milquetoast party has spoken up... tea party must be next? Peace Wax

Peregrine

Wed, Dec 19, 2012 : 3:38 a.m.

@Engineer: Except that the castle doctrine, as commonly understood and as you apparently understand it, is not codified into Michigan Law. Chapter 780.972 Section 2 specifies when deadly force may be used. So you're best advised to keep your bloodlust in check.

Susan Ursus

Wed, Dec 19, 2012 : 3:21 a.m.

Good God, man, give 'em a little time. They're probably at the gun range or a Tea Party rally.

Engineer

Wed, Dec 19, 2012 : 3:19 a.m.

Actually the castle doctrine would have allowed him to do so and then no one else would have to go through this when these bums headed down the road to the next "job".