Ionia County man pleads no contest to shooting 84-year-old anti-abortion canvasser

An Ionia County man who shot an 84-year-old anti-abortion canvasser outside his home in September during a heated argument with his wife has pleaded no contest to two felonies and one misdemeanor in connection with the shooting.

Richard Harvey, 75, pleaded no contest Monday to assault with a dangerous weapon, careless discharge of a firearm causing injury and reckless use of a firearm. A no contest plea functions as a guilty plea during sentencing, but is often made to avoid civil liability.

Harvey told WOOD-TV the shooting was an accident. He said he fired a warning shot toward Joan Jacobson, 84, a longtime Right to Life of Michigan volunteer, as she was ranting and raving, waving a clipboard around in front of his Odessa Township home.

His wife yelled at Jacobson and told her to leave the property, Harvey told WOOD-TV. Harvey said he worried Jacobson was going to smack his wife with the clipboard and went to "club it away with the rifle and my finger was still in the trigger guard." That's when the gun went off.

Harvey's attorney, Walter Downes, did not immediately respond for comment.

Jacobson was canvassing against a statewide proposal to enshrine abortion rights in the Michigan constitution, which ultimately passed in November. She told The Detroit News when Harvey's wife yelled at her to leave, she complied and began heading toward her car.

"I realized that I saw a man, and the man was standing right beside her," Jacobson said. "And the next thing I knew, I heard a shot and I felt some pain. I was just stunned. The pain was in my back, and it was very severe."

Jacobson drove herself to the police station after she was shot, she said. The bullet entered at the top of her shoulder and exited through her back. Doctors told her the bullet narrowly missed her spine and she was very lucky, Jacobson said.

She said in September she didn't believe the shooting was an accident.

David Kallman, Jacobson's attorney, said Jacobson has been doing well overall since the shooting but she still has some pain and issues with her mobility.

Now that the criminal case is nearing an end, Kallman said, she plans to move forward with a civil case against Harvey.

"This is really going to be an issue of liability and how much, honestly," Kallman said. "I really would not expect this to go to trial. But I guess that's up to Mr. Harvey and whoever his attorney is on the civil case."

Kallman said in a statement issued shortly after the shooting that there was no justification for shooting Jacobson.

"Mr. Harvey admitted firing a warning shot, so he knew the gun was loaded when he pointed it at my client," Kallman said. "If it was truly an accident, why did neither of the Harveys express any remorse or even offer to assist Ms. Jacobson or call 911 immediately after shooting her?"

Harvey could face up to four years in prison for the assault with a dangerous weapon charge.

kberg@detroitnews.com