transporting properly??????

[boomer252]

13650 11 Mile Road • Warren, MI 48089 • 586.498.8000
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Fraser-Clinton Township Chronicle (MI)

No charges against shooter in February road rage killing
HEIDI ROMAN C & G Staff Writer
Published: November 3, 2010
CLINTON TOWNSHIP - About nine months after a 34-year-old Shelby Township man was shot and killed at a stoplight on M-59 in a road rage incident, the Macomb County Prosecutor's Office has ruled that it will not file charges against the shooter. Assistant Prosecutor Bill Cataldo said evidence shows the Feb. 6 killing in Clinton Township was done in self-defense.

The shooter, who had not been named, was pulling out of C. J. Barrymore's entertainment center on eastbound M-59 just after 10 p.m. the night of the incident and somehow interfered with a party of people in at least three other cars, one of which Anton Djeljevic was inside of. "When they all arrived at Groesbeck and eastbound M-59, the driver (shooter) got out of the vehicle and stood up, and simply, with an open-armed gesture, asked what was going on," Cataldo said. That's when Djeljevic and several other people got out of their cars and rushed toward the shooter as he tried to get back into his own car to "de-escalate the situation," Cataldo said.

The shooter's two children, ages 6 and 9, were in the car. The group tried to pull the shooter back out of his car, and one person had a champagne bottle in hand, which could have been used as a weapon.

The shooter grabbed his gun and fired over his shoulder, striking Djeljevic. He was taken to Mount Clemens Regional Medical Center and pronounced dead on arrival. Cataldo said that state statute is clear about situations when a person's life is being threatened with a weapon.

"It was an appropriate use of deadly force," Cataldo said. "He was concerned not only for his own safety, but for his children." He added that the shooter had a concealed pistol license and registered handgun, and was transporting the gun properly in the glove box, not on his person, without a bullet in the magazine. Since the killing, the Prosecutor's Office has been reviewing witness statements and waiting for the results of forensic evidence to determine whether to file charges in the incident. The physical evidence returned in late August, and the office formed a committee to weigh the case. The office determined no charges would be brought forward. Cataldo said Djeljevic's wife and family were upset to learn there would be no charges in the case, but seemed to understand.




Copyright, 2010, Fraser-Clinton Township Chronicle (MI), All Rights Reserved.




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[DefensiveCarry.com]

[boomer252]

I really dont like the way they worded this...guess im kinda confused.what are your thoughts???

[Guantes]

The way I interpret it, is that they are saying that the location and status of the weapon were within the guidelines of what is considered legal for a person with a CCW, while not suggesting that a different status or location ( on person, chambered) would be illegal .

[Saber]

"When they all arrived at Groesbeck and eastbound M-59, the driver (shooter) got out of the vehicle and stood up, and simply, with an open-armed gesture, asked what was going on,"

I'm actually surprised this action didn’t get the shooter into hot water, as instigating or provoking. I’m glad he wasn’t charged but I sure wouldn’t have got out of the car knowing the possibility of confrontation, while my kids were with me. The shooter was compromised and he had to defend himself, his children and his gun. This is one of the reasons why I’m less likely to step in the middle of something when I’m carrying.

[PAcanis]

I'm with Saber. It kind of makes you wonder if he would have gotten out of his vehicle in the first place if he wasn't armed. It sounds to me like he pulled out in front of three cars or something. Geez, who hasn't said something or made a gesture at the idiot driver when that happens? The guy didn't need to get out of his vehicle and give them a "you talking to me" gesture. The way I read this anyway.

[Guantes]

While there may be questions around the actions of the shooter, it appears to me that the question the OP is asking is in regard to the manner in which the shooters weapon was being transported. I am open to correction.

[RoadRunner71]

"It was an appropriate use of deadly force," Cataldo said. "He was concerned not only for his own safety, but for his children." He added that the shooter had a concealed pistol license and registered handgun, and was transporting the gun properly in the glove box, not on his person, without a bullet in the magazine.

Well now, this is all news to me. I have a CPL and carry on my hip, with a round in the chamber at all times, even when driving. I don't recall this particular bit of information ever being presented in CPL class.

Talk about mis-information. Sheesh!

As for the incident, getting out of the vehicle would not have been my choice, but I wasn't there. Also, there is no way to know if that actually added to the incident. Apperantly the prosecutor did not think so.

I'm still trying to get the picture straight in my head. He was being pulled out of the vehicle, opened the glove compartment, chambered a round, and fired over his shoulder. The fact that he even managed to hit one of his assailants is amazing.

[RKM]

Well now, this is all news to me. I have a CPL and carry on my hip, with a round in the chamber at all times, even when driving.

No-no, you're good with the round in the chamber. But don't you DARE put one in the magazine.

[nsimps69]

Really question the shooter, would all of this happened if he just simply drove away? I know that if i had my daughter in the car, there is no way i am getting out to ask whats going on??. Yes i do agree there were problems before he got out of the vechicle but no way asking for trouble. Call 911 and let them do there jobs...

[NC Bullseye]

No-no, you're good with the round in the chamber. But don't you DARE put one in the magazine.

What they were trying to say was that he correctly left no rounds in the magazine after the shooting.

[glockman10mm]

In that particular situation with my kids in the car, I would not have even stopped.

[boomer252]

"It was an appropriate use of deadly force," Cataldo said. "He was concerned not only for his own safety, but for his children." He added that the shooter had a concealed pistol license and registered handgun, and was transporting the gun properly in the glove box, not on his person, without a bullet in the magazine.


this is the part that i dont get.I transport my gun properly also..IWB,full mag,and one chambered.thats what were allowed by law to do,right????am i missing something or does this reporter not know the law?

[RoadRunner71]

"It was an appropriate use of deadly force," Cataldo said. "He was concerned not only for his own safety, but for his children." He added that the shooter had a concealed pistol license and registered handgun, and was transporting the gun properly in the glove box, not on his person, without a bullet in the magazine.


this is the part that i dont get.I transport my gun properly also..IWB,full mag,and one chambered.thats what were allowed by law to do,right????am i missing something or does this reporter not know the law?

You meant that as a joke, right? Reporters knowing the law? Reporters even caring what the law is?

[rammerjammer]

"He added that the shooter had a concealed pistol license and registered handgun, and was transporting the gun properly in the glove box, not on his person, without a bullet in the magazine."

That quote from the article lends suspicion to the accuracy and understanding of the reporter.

[Guantes]

I see nothing that states or implies that on body carry with a chambered round is "not" legal, only that the manner in which the victim had his weapon "was" legal.