People v. Courts

In People v. Courts, 205 Mich App 326; 517 NW2d 785 (1994), the defendant robbed the decedent and his family at gun point. When the decedent attempted to disarm the defendant, the two struggled over possession of the gun, and the decedent was killed when the gun discharged. Observing that the defendant had no right to defend himself from the decedent's lawful counterattack, the Court stated, "By struggling with the decedent over possession of the gun, defendant demonstrated a wanton and wilful disregard of the likelihood that the natural tendency of such a struggle would be death or serious bodily harm." Id. at 329.