Inebriated Trespasser. (Exercising the Right).

Shortly after 2:00 a.m. on November 24, 2001, Cedar Springs, Michigan, police officer Jack Peters was on patrol when he noticed two hitchhikers who appeared to be drunk. They ran when he flashed his lights on them. One was apprehended, but the other -- 22-year-old Kevin Lee Salinas -- got away.

Less than two hours later, at about 3:30 a.m., Valerie Clarke was awakened by the sound of someone rattling windows and doors at the Clarke home. She woke her husband Robert, 48, who grabbed a flashlight and went to investigate while Mrs. Clarke called 911. When Mr. Clarke opened the back slider door and peered outside with the flashlight, he noticed a man standing near some outbuildings in the back yard. It was Salinas.

Rather than flee, Salinas began walking toward the house. Clarke, concerned for the safety of himself and his family, retrieved a 9 mm handgun from inside the home and, at least twice, ordered the trespasser to leave the property. Instead, Salinas continued to approach and climbed onto the back porch. When he was within about five feet of Clarke, the homeowner fired a single shot that struck him in the abdomen. He died about eight hours later in a Grand Rapids health facility.

It was later learned that Salinas was on probation for a larceny conviction. He was also wanted on a bench warrant related to an April domestic assault charge, and had been scheduled to stand trial on December 3rd for a July home invasion during which he allegedly assaulted an ex-girlfriend. He faced up to 20 years in prison if convicted on the litany of felony charges.

In an opinion released December 19th, Kent County Prosecutor William Forsyth stated that Robert Clarke had acted in self-defense and would not face any charges for shooting Salinas. While believing that Clarke should have opted not to confront the inebriated trespasser, Forsyth noted that the Clarkes "had five kids in the house," that Salinas was drunk (two-and one-half times the legal driving limit) and incoherent, and that he kept coming even when Clarke had "a gun pointed at him."