When Doing Everything Right Still Gets You Arrested
A Case Study: Defending a Responsibly Armed Michigan Citizen
In nearly 25 years of practicing criminal defense and firearms law across Michigan, I have represented a lot of good people on the worst day of their lives. Jonathan Dowling was one of them.
Jon is a Taylor, Michigan contractor, Army veteran, and Michigan Concealed Pistol License holder. He carried legally, trained responsibly, and understood the weight of that responsibility. When an enraged pit bull came after his nephew and brother-in-law in a neighbor's backyard, he did exactly what his training prepared him to do: he intervened, drew his firearm, kept his composure, and reholstered the moment the threat was under control.
Two days before his wedding, he was arrested and charged with felonious assault and felony firearm.
What Actually Happened
On a humid August evening in 2023, Jon was patching a roof at his mother's home in Taylor when screams from across the street sent him running. His brother-in-law and teenage nephew had been cutting grass for an elderly neighbor — a family friend — when the neighbor's pit bull squeezed under a chain-link fence and came after them.
By the time Jon arrived, the situation was already dangerous. His nephew had taken refuge on a trailered boat. His brother-in-law was fending off the dog with a string trimmer, the only thing available. The dog's owner stood at the fence, laughing.
Jon drew his Ruger LCP .380, pointed it at the ground, and firmly warned the owner to get the dog under control. He didn't exchange insults. He didn't escalate. He gave the owner every opportunity to end it.
The owner jumped the fence, grabbed the dog, and pulled it back into the yard. Jon immediately reholstered.
Then the owner threatened to kill Jon's entire family, bragged about gang affiliations, and went inside to call the police — before Jon could.
The System's Default Setting
When officers arrived, they came in hot. The dog's owner told them Jon had shoved a gun in his face from five feet away. The police took his statement and arrested Jon on the spot. They never interviewed his brother-in-law. They never spoke to his nephew. It was Jon's word against the complainant's, and law enforcement made its choice quickly.
"The moment a firearm is drawn — regardless of the circumstances — there is an automatic presumption that the person who drew it is the aggressor. Prosecutors and law enforcement too often skip the investigation and go straight to the charge. It is a systemic problem, and it destroys lives."
— Jim Makowski, Makowski LegalJon sat in a Taylor Police Department holding cell through the night. Officers wouldn't tell him if he was being charged. They wouldn't allow him to make a call. The next morning, a cell door opened and an officer announced: felony assault with a firearm.
He was getting married in less than 48 hours.
The Call I Received
I got the call on a Friday afternoon through Chuck Norton, a USCCA Certified Instructor and mutual American Legion connection. Jon's fiancee, Cindy, had reached out looking for legal help. When she told me he had been arrested the night before and they were supposed to be married the next day, I already knew this was the kind of case that defines why I do this work.
I confirmed Jon was a USCCA Member through the Delta Defense Critical Response Team — less than 90 minutes after the initial call. I went straight to the Taylor Police Department jail, introduced myself to Jon, and got his account of what happened.
His USCCA Membership benefits covered his legal fees in full. What had felt like a nightmare with no exit suddenly had a path forward. I secured his release on a $50,000 personal bond the following morning. He made it to his wedding.
Building the Defense
The charges Jon faced were serious. Felonious assault carries up to four years in prison. The felony firearm charge carries a mandatory two-year consecutive sentence. If convicted, he was looking at up to six years.
I brought in private investigator Linda Bishop, who I work with regularly on self-defense cases. She canvassed the neighborhood for cameras, interviewed witnesses the responding officers had ignored, and ran thorough background checks on everyone involved.
What she found was significant. The dog's owner had a criminal record, documented gang affiliations, and prior animal-abuse charges. Neighbors had repeatedly called police to complain about the dogs and their owner. He wasn't even supposed to be living at the property — the lease was in his mother's name. His account of what happened simply did not hold up under scrutiny.
On October 23, 2023, approximately two and a half months after Jon's arrest, we appeared for the preliminary examination. The dog's owner testified that he had feared for his life and claimed Jon had pointed the Ruger directly at him. The testimony was inconsistent and, in my view, rehearsed.
Jon's nephew, brother-in-law, and sister each testified. Jon himself did not need to take the stand.
The judge had heard enough. His words: "This is questionable at best."
Case dismissed.
Why This Case Matters
A dismissal at the preliminary examination stage is rare. Judges typically give prosecutors the benefit of the doubt and bind cases over for trial, even on thin evidence. I have handled roughly a dozen cases that ended this way. Most attorneys I know have never seen it happen once.
This outcome was the result of thorough investigation, credible witnesses, and a client who did everything right from the moment the situation began to the moment he reholstered. Jon's training informed every decision he made — how he drew, how he communicated, how he secured his firearm afterward, and how he cooperated with police on scene.
His USCCA Membership covered approximately $15,000 in legal fees. Without it, the financial pressure alone could have forced a very different outcome.
The dog's owner was never charged with anything.
What I Want Every CPL Holder to Understand
Carrying a firearm responsibly does not protect you from being arrested. It does not protect you from being charged. In Michigan, the presumption too often runs against you the moment your firearm leaves its holster — regardless of the facts.
What protects you is training, legal preparedness, and having the right representation in place before you ever need it. Jon had all three. That is why he was at his wedding the day after his arraignment instead of sitting in a cell waiting for trial.
If you are a Michigan CPL holder and you find yourself facing charges after a lawful self-defense incident, contact Makowski Legal. This is exactly the kind of case I handle, and I will go wherever in Michigan you need me.
This case was featured in Responsibly Armed Americans, the official publication of the USCCA, in April 2026. Original Article — Link Coming Soon
Jim Makowski is the founder of Makowski Legal, Corporation Counsel for Michigan Gun Owners, and lead counsel for the USCCA Critical Response Team in Michigan. He has practiced firearms and self-defense law across more than 60 of Michigan's 83 counties for 25 years.