That's the question in the murder case against Jack Carpenter, which is set for trial next week.
The 52-year-old man faces homicide charges for the death of 29-year-old David Meyer in June of 2012. Allegedly the two men got into a slight altercation in Carpenter's home. Carpenter claims the man threatened and attempted to assault him with a knife so he shot him in self defense.
His lawyer, Karl Numinen, says his actions were justifiable within Michigan's stand your ground and self defense law and asked the judge to grant his client immunity.
"He was standing his ground," said Numinen. "He was in his home where he has a right to be, he was not committing any type of crime in his home and he was attacked by David Meyer. He had the right to stand his ground and shoot him which is what he did."
The prosecutor alleges Carpenter was intoxicated at the time of the incident so the judge denied the motion. The Carpenter murder trial will begin next Wednesday morning.