David Pratt Higbee of Menominee County’s Mellen Township shot and killed Hayden Gagnon of Pulaski, Wis., on Nov. 10, 2014.

Hayden was just 19 years old.

The circumstances that led to the tragic shooting involved a breaking and entering of Higbee’s home.

Menominee County Prosecutor Daniel Hass ruled that the 62-year-old Higbee shot in self defense and will not be prosecuted.

There are no winners in this situation.

“The use of deadly force, by law enforcement officers or our citizens, is a critical decision, an encounter that will change the lives of everyone involved, forever,” said Menominee County Sheriff Kenny Marks.

After the shooting, two of Gagnon’s accomplices were spotted in the nearby woods. Matthew Allen Franjose, 19, and Thomas Alan Hartman, 20, both of Green Bay, were arraigned on charges of first degree home invasion.

“The reality is that the decision to commit crime causes pain for all people involved, directly and indirectly,” Sheriff Marks said.

“The decision to commit crime and the decision to protect yourself from being killed or seriously injured as a victim of crime, are critical decisions that will have serious consequences,” he said.

“I do not take this lightly and nor should you,” Sheriff Marks said.

The case was reviewed by Menominee County Prosecutor Daniel Hass.

“A young man, Haydon Gagnon, lost his life and his family is grieving,” Prosecutor Hass said. “My sympathy to his family. I suspect Mr. Higbee’s life will never be the same.”

“After review of the evidence of this case, I find that Mr. Higbee’s use of deadly force was justified self-defense and that the prosecution cannot prove beyond a reasonable doubt that Mr. Higbee did not act in self-defense,” he said.

“Mr. Higbee had no duty to retreat. He was home alone, his home was broken into and he called 911 to report the home invasion. He stood his ground until police arrived,” Prosecutor Hass said.

“He called and reported he fired his gun. Mr. Higbee did not seek out or confront the perpetrators. He waited to shoot until the perceived danger to himself entered his home,” he said.

“It is reasonable to believe Mr. Higbee feared he was in danger of being killed or seriously injured. Based on this finding, I am asking this court to determine that in the interest of justice, immunity be granted to Mr. David Pratt Higbee, and that he be ordered to appear in future court proceedings and testify truthfully concerning any matter or thing of which he knows concerning the home invasion charges pending against Thomas Hartman and Matthew Franjose,” Hass said.

Menominee County District Court Judge Jeffrey Barstow granted the motion for immunity.

Does this mean a homeowner can shoot to kill if someone steps on his property? Certainly not.

There are laws for these types of cases.

According to the Self-Defense Act, Act 309 of 2006, use of deadly force by individual not engaged in commission of crime; conditions.

Section 2.

(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:

(a) The individual 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.

(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or for another individual.

(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty or retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of forces by another individual.

Let us all pray that this law is never needed here.