Man Shoots burglar

GRAND RAPIDS -- A man shot while trying to break into an Oakfield Township home last month was armed with a handgun, giving Marcus Diamond cause to fear for his life, Kent County Prosecutor Bill Forsyth has determined.

Forsyth said today he will not charge Diamond, 34, for the May 12 shooting that injured Fernando Olivas, 18, outside a rural home on 15 Mile Road NE. The prosecutor's decision is based on police finding a gun Olivas allegedly carried to the house. Olivas apparently reached for the weapon before Diamond fired.

"When Mr. Olivas 'reached into his pocket,' the shooter believed he posed an immediate threat of death or great bodily harm," Forsyth ruled. "The fact that Mr. Olivas was armed clearly validates his belief.

"Even if Mr. Olivas was not reaching for his weapon, the shooter had an honest and reasonable belief that he was."

Olivas and Edgar Hernandez, 17, who both face multiple felony charges, are accused of trying to enter the home of William "Jake" Kish. They believed Kish grew marijuana and had unregistered guns inside, court documents show.

Olivas, who was shot in the back, told The Press in an earlier interview he and Hernandez went to the house, 10739 15 Mile Road NE, with the intent to burglarize it. In the interview, Olivas denied having a gun.

He since has refused to comment on the incident.

Forsyth said declining to charge Diamond is not an indication of the teenagers' guilt.

Diamond's sister said the family was relieved to learn he would not face criminal charges. Diamond could not be reached for comment.

"He wasn't too worried, but it was good to hear," the sister said, declining to identify herself. "He did what he knew he had to do." . . . .

Thanks to Matthew Ledyard for sending me this link.


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