Muskegon, Michigan



From the Muskegon Chronicle of September 30, 2004

Store owner won't be charged in shooting



No charges will be filed against the owner of an Egelston Township business who shot an intruder early Wednesday inside his store.



Muskegon County Prosecutor Tony Tague said there was no question about what occurred inside D&M Produce, 992 S. Maple Island, and the owner, Michael Moore, had a right to defend himself.



Moore was working in his office about 1:15 a.m. when he heard noises. At first he thought the noises could be from an animal, but then he heard a doorknob jiggle, police said.



The office door was partially open, and Moore saw a person jump over a counter, Muskegon County Sheriff's Detective Sgt. James Christiansen said following the incident.



The owner got his shotgun, and when the intruder didn't freeze, he fired once, police said.



Scott Lamb, 17, of 1879 S. Maple Island, was hit in the shoulder area by the blast from the gun that was loaded with birdshot, according to police. His condition at Hackley Hospital had improved to "serious" this morning.



Tague said Lamb was to be charged today with breaking and entering of a building.



"The investigation revealed that both the suspect and the store owner gave the exact same description of what occurred inside the store," Tague said. "That also was corroborated by the physical evidence at the scene."



Tague said the 50-year-old store owner "has the right to defend himself with whatever force was necessary if he fears for his safety."



The suspect broke in, Tague said, and police reported that the teen-ager was dressed in camouflage clothing and dark boots. The teen-ager, who removed some metal siding to gain entry, also carried a loaded pellet gun, police said.



Christiansen said that, after the shooting, Moore immediately called 911 and got a blanket to cover the teen and tried to comfort him until authorities arrived.