The county prosecutor will decide if charges will be brought against a 46-year-old Clarkston woman who fired her concealed-carry pistol at two fleeing shoplifters in Auburn Hills, Oct. 6. Auburn Hills police is continuing its investigation, said Chief Doreen Olko in a public statement.
‘We continue to investigate this case in an effort to answer all the pertinent questions and make sure that we have all the facts,? Olko said. ‘Officers on the scene opted to release the person pending completion of the investigation. That is not necessarily a statement on what we ultimately intend to do.”
When complete, the report will be forwarded to Prosecutor Jessica Cooper’s office for review.
‘They are the county’s attorneys who make determinations, based on the law, about whether or not a person is charged with a state level crime. The decision is not ours alone-we work with the prosecutors,? Olko said. ‘If they determine that a crime has been committed and believe that we have identified the person who committed the crime, they will issue a complaint and warrant which we will take to our local court and swear to the facts as we know them. If a judge concurs, she will issue the warrant directing us to bring the defendant before the court for a trial. That is the point at which an arrest can occur.?
The decision means police thought the investigation needed more work, the chief said.
“If we take a person into custody we have only a very short time period to charge the person and take them before the court,” she said. “We cannot hold people indefinitely while we investigate.?
The 46-year-old has a state concealed-carry permit, police say.
According to state law, deadly force is legal if the person ? honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.?
Auburn Hills police arrested the two shoplifting suspects on Oct. 9, a 52-year-old Flint man and 46-year-old Flint man. Police say the suspects allegedly took more than $1,000 worth of power tools and equipment and were fleeing a loss prevention officer at the Home Depot store at 4150 Joslyn Road.
The Clarkston woman fired at the suspects? SUV as they fled, flattening a rear tire. No one was injured. She was cooperative with police and released at the scene.