[Magnatron]

(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual

This portion of the statute has been interpreted as Stand Your Ground.

[Redwood71]

“This portion of the statute has been interpreted as Stand Your Ground.”

But that section of the law only identifies force other than deadly force. When the woman pulled the gun, it became deadly force. Inside the house and out in public changes the options. And the opportunity to retreat also fell under the option to summon police. At no time, that I can see as I’ve looked at a few different sites, did the woman physically threaten the people in the car. So deadly force was not warranted. I think the woman behind the car should have been arrested for striking the car, but that I believe was lost in the shuffle, or ignored by the prosecutor.

According to the Michigan Penal Code (750.349), kidnapping is committed when a person knowingly restrains another person with intent to hold that person in involuntary servitude.

750.349 Kidnapping; “restrain” defined; violation as felony; penalty; other violation arising from same transaction. Sec. 349.

(2) As used in this section, “restrain” means to restrict a person’s movements or to confine the person so as to interfere with that person’s liberty without that person’s consent or without legal authority. The restraint does not have to exist for any particular length of time and may be related or incidental to the commission of other criminal acts.

By blocking the retreat of the car, the woman violated this law. Kidnapping is a felony. Where’s the prosecutor?

rwood