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If the homeowner had a reasonable belief they were in danger there's no duty to retreat in Michigan and it very well could be a legal shooting. Despite what prosecutors are saying, they still have to convince a jury beyond a reasonable doubt that it was not reasonable to for the homeowner to believe he was in danger.
The homeowner has also raised another interesting issue in that in his statement, he said the gun accidentally went off. This could result in a potential conviction of negligent homicide rather than 2nd degree murder OR it could result in a finding that there was no crime at all (no willful act).
If anything at all is convicted, Michigan (like Oklahoma) has a 2 years to do minimum for anyone convicted of using a firearm to commit a felony.
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Mu Tau 5, Central Oklahoma
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