Michael Meyers and his wife Marcy Meyers have been estranged after nine years of marriage and four children. (Reporter’s Transcript (RT) 5: 12-24.) Marcy currently lives with their children and her boyfriend, David Dalton, at 867 Elm Street, Apt. 212. Yet, Meyers keeps his personal belonging at the apartment and spends nights over when Dalton isn't around. (RT 25: 13-25.)
On March 23, 2011, Meyers made an unannounced visit to Marcy’s apartment to discuss their marriage. Marcy declined, insisting that Meyers go away or that she was going to call the police. Consequently, Meyers kicked down her front door, taking Marcy down in the process. (RT 8: 14-21.) Meyers than stated, “Where is he? I’m going to kill him.” (RT 11: 16-17.) At this point, Dalton emerged from the bathroom when he heard the front door go down. Meyers entered the apartment and immediately un-holstered his gun when he saw Dalton. (RT 21: 17-25.) Accordingly, Dalton ran back into the bathroom while hearing Marcy scream, “Don’t shoot,” as she charged towards Meyers. (RT 13: 7-15.)
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With his gun in hand, Meyers searched the apartment and entered their children’s bedroom while waking Mikey Jr. up in the process. (RT 14: 1-7.) Although Mickey cried when he saw his father pointing the gun, he went back to sleep shortly after. (Police Report Ferguson (PRF) 5.) At this point, Marcy called the cops in Meyers’ presence reporting a break-in of her apartment. Thereupon, Meyers pointed the gun to his head, threatening to kill himself. Meyers then stated, “I am not, I am not going to do this,” unloaded the gun and placed it in the nightstand. (RT 14: