bulbvivid
02-12-10, 10:34
I thought we had discussed this before, but I couldn't find a specific thread. Basically, a man detained a burglar at his neighbor's house but the suspect got loose and fled in a car, at which time the man fired shots at the car, striking the suspect in the back. Charges were filed against the shooter, but he has now been cleared by a grand jury.
Be aware that some of the links have ads that auto-play audio.
Original story: Neighbor shoots alleged burglar leaving Kingsport home, police investigating (http://www.timesnews.net/article.php?id=9015751)
The Examiner - TN man charged with assault for shooting burglar
(http://www.examiner.com/x-2206-Cleveland-Gun-Rights-Examiner~y2009m8d5-TN-man-charged-with-assault-for-shooting-burglar)
Sullivan grand jury clears Kingsport man who shot burglary suspect outside neighbor's home (http://www.timesnews.net/article.php?id=9020487)
Here is a link to most of the stories surrounding the incident, in case anyone wants to do some further reading: Kingsport Times News (http://www.google.com/custom?hl=en&safe=off&client=google-coop&cof=FORID:13%3BAH:left%3BS:http://www.timesnews.net%3BCX:Times%2520News%2520Online%2520Search%2520Engine%3BL:http://www.timesnews.net/2008_beta/images/global_images/times_08logo5.png%3BLH:57%3BLP:1%3BVLC:%23551a8b%3BDIV:%23cccccc%3B&cx=009536334033915926345:qljguilspyy&adkw=AELymgWi112n4FBWjbmkqBEZtncTN4IGKaBDWXijKHCZ_XmkgOde1lHmZQEKX92UIdpLUmaCgwqWZ4zKdc5RNDFwlGoBrJBK1NrGvK_pmk-zH5V__-Tji2zH0Q_sXKta3BdN7UF4DSXxFEJhqjCmhMaU0OFKsUMHl-2IIojBWk4dAL2qBCGYiWQ&boostcse=0&q=dustin+eads&start=0&sa=N)
BLOUNTVILLE — A Kingsport man who faced an aggravated assault charge for shooting a fleeing burglary suspect outside a neighbor’s home has been cleared of any criminal wrongdoing.
Sullivan County District Attorney Greeley Wells said Tuesday that the grand jury decided not to take any action against Dennis McClanahan, 2670 Pratt Road, after hearing all the evidence in the case, which included testimony from the investigating officer and a recording of 911 calls related to the shooting.
McClanahan declined to comment on the grand jury’s decision.
McClanahan had been listed as a suspect on an aggravated assault charge on a Sullivan County Sheriff’s Office incident report for shooting Dustin Eads, then 29, on Aug. 3, 2009, after Eads allegedly attempted to steal something from McClanahan’s neighbor at 2644 Pratt Road, Kingsport.
According to emergency radio transmissions, at least one bullet struck Eads in the back and exited through his chest.
At the scene, Sullivan County Sheriff Wayne Anderson said McClanahan said he’d retrieved a .45-caliber handgun and went outside to investigate after hearing what sounded like glass breaking at his neighbor’s residence.
“He felt someone was trying to break in,” Anderson had said.
According to a narrative attached to two reports concerning the incident, McClanahan said he initially went outside to check on his vehicles after hearing the sound of breaking glass.
His tires had been slashed about two weeks earlier, he said.
Once outside, McClanahan said he spotted a black Honda in the neighbor’s driveway “that didn’t belong there” and after walking over to a tree, he saw a man who “didn’t live there” walk out of the home.
“McClanahan stated that he blocked the male from getting in his vehicle, held him at gunpoint, and called 911,” the narrative said.
According to McClanahan’s account of what happened, Eads then said, “You got me,” and grabbed him by the wrist.
The two wrestled, and a round fired into the air. That’s when McClanahan said he struck Eads in the head with the butt of the gun.
According to the narrative, “McClanahan stated that the male got into the vehicle, and as he was attempting to flee, he shot out the tires, and as the vehicle was leaving down Pratt Road, McClanahan fired another round, he believed shot out the back glass of the vehicle.”
Eads was located a short time later at his parents’ residence at 2530 N. Holston River Drive Extension.
He was released from the hospital several weeks after the shooting and is currently scheduled for a Feb. 23 appearance in Kingsport court.
During previous discussions related to the shooting, Wells had said that self-defense is the only legal justification for use of deadly force.
Factors a jury would have to consider in any self-defense case include “actions taken, state of mind, ability to retreat and not have to use violence in self-defense, surrounding environment — anything that would have relevance to whether a person should or should not have done what they did, or perceived the imminent danger that they were in,” said Wells.
“The bottom line is that self-defense is a very complicated area of the law, and you can make some broad, general statements about it, but most self-defense cases are very fact specific. And the only way to determine whether or not there is justification is for the jury to make that determination,” he said.
He added that people generally are well within their rights to defend themselves “from what they perceive to be deadly force being used against them, or to protect someone else” from the same perceived threat.
I wouldn't call this shooting justified from the perspective of self-defense (I guess you could say that the shooter feared the suspect would turn around and try to run him down with the car), but it may help send a message to other criminals in the area. I'm afraid, though, that it will send a message to other armed citizens that it's okay to shoot at fleeing suspects—it could lead to some bad situations in areas where the DA is more friendly to criminals.
Be aware that some of the links have ads that auto-play audio.
Original story: Neighbor shoots alleged burglar leaving Kingsport home, police investigating (http://www.timesnews.net/article.php?id=9015751)
The Examiner - TN man charged with assault for shooting burglar
(http://www.examiner.com/x-2206-Cleveland-Gun-Rights-Examiner~y2009m8d5-TN-man-charged-with-assault-for-shooting-burglar)
Sullivan grand jury clears Kingsport man who shot burglary suspect outside neighbor's home (http://www.timesnews.net/article.php?id=9020487)
Here is a link to most of the stories surrounding the incident, in case anyone wants to do some further reading: Kingsport Times News (http://www.google.com/custom?hl=en&safe=off&client=google-coop&cof=FORID:13%3BAH:left%3BS:http://www.timesnews.net%3BCX:Times%2520News%2520Online%2520Search%2520Engine%3BL:http://www.timesnews.net/2008_beta/images/global_images/times_08logo5.png%3BLH:57%3BLP:1%3BVLC:%23551a8b%3BDIV:%23cccccc%3B&cx=009536334033915926345:qljguilspyy&adkw=AELymgWi112n4FBWjbmkqBEZtncTN4IGKaBDWXijKHCZ_XmkgOde1lHmZQEKX92UIdpLUmaCgwqWZ4zKdc5RNDFwlGoBrJBK1NrGvK_pmk-zH5V__-Tji2zH0Q_sXKta3BdN7UF4DSXxFEJhqjCmhMaU0OFKsUMHl-2IIojBWk4dAL2qBCGYiWQ&boostcse=0&q=dustin+eads&start=0&sa=N)
BLOUNTVILLE — A Kingsport man who faced an aggravated assault charge for shooting a fleeing burglary suspect outside a neighbor’s home has been cleared of any criminal wrongdoing.
Sullivan County District Attorney Greeley Wells said Tuesday that the grand jury decided not to take any action against Dennis McClanahan, 2670 Pratt Road, after hearing all the evidence in the case, which included testimony from the investigating officer and a recording of 911 calls related to the shooting.
McClanahan declined to comment on the grand jury’s decision.
McClanahan had been listed as a suspect on an aggravated assault charge on a Sullivan County Sheriff’s Office incident report for shooting Dustin Eads, then 29, on Aug. 3, 2009, after Eads allegedly attempted to steal something from McClanahan’s neighbor at 2644 Pratt Road, Kingsport.
According to emergency radio transmissions, at least one bullet struck Eads in the back and exited through his chest.
At the scene, Sullivan County Sheriff Wayne Anderson said McClanahan said he’d retrieved a .45-caliber handgun and went outside to investigate after hearing what sounded like glass breaking at his neighbor’s residence.
“He felt someone was trying to break in,” Anderson had said.
According to a narrative attached to two reports concerning the incident, McClanahan said he initially went outside to check on his vehicles after hearing the sound of breaking glass.
His tires had been slashed about two weeks earlier, he said.
Once outside, McClanahan said he spotted a black Honda in the neighbor’s driveway “that didn’t belong there” and after walking over to a tree, he saw a man who “didn’t live there” walk out of the home.
“McClanahan stated that he blocked the male from getting in his vehicle, held him at gunpoint, and called 911,” the narrative said.
According to McClanahan’s account of what happened, Eads then said, “You got me,” and grabbed him by the wrist.
The two wrestled, and a round fired into the air. That’s when McClanahan said he struck Eads in the head with the butt of the gun.
According to the narrative, “McClanahan stated that the male got into the vehicle, and as he was attempting to flee, he shot out the tires, and as the vehicle was leaving down Pratt Road, McClanahan fired another round, he believed shot out the back glass of the vehicle.”
Eads was located a short time later at his parents’ residence at 2530 N. Holston River Drive Extension.
He was released from the hospital several weeks after the shooting and is currently scheduled for a Feb. 23 appearance in Kingsport court.
During previous discussions related to the shooting, Wells had said that self-defense is the only legal justification for use of deadly force.
Factors a jury would have to consider in any self-defense case include “actions taken, state of mind, ability to retreat and not have to use violence in self-defense, surrounding environment — anything that would have relevance to whether a person should or should not have done what they did, or perceived the imminent danger that they were in,” said Wells.
“The bottom line is that self-defense is a very complicated area of the law, and you can make some broad, general statements about it, but most self-defense cases are very fact specific. And the only way to determine whether or not there is justification is for the jury to make that determination,” he said.
He added that people generally are well within their rights to defend themselves “from what they perceive to be deadly force being used against them, or to protect someone else” from the same perceived threat.
I wouldn't call this shooting justified from the perspective of self-defense (I guess you could say that the shooter feared the suspect would turn around and try to run him down with the car), but it may help send a message to other criminals in the area. I'm afraid, though, that it will send a message to other armed citizens that it's okay to shoot at fleeing suspects—it could lead to some bad situations in areas where the DA is more friendly to criminals.