A Tennessee man has been charged with assault for shooting a burglar he caught leaving his neighbor's home.
According to a report in The Kingsport Times-News, Dennis McClanahan, 52, caught Dustin Eads, 29, breaking in to a neighbor's mobile home trailer. McClanahan had called 911 to report the break-in when he saw Eads exit the trailer. McClanahan confronted Eads at gunpoint and attempted to hold him for police.
Eads reportedly went for the gun and a struggle ensued during which McClanahan struck him in the head with the handgun. Eads broke free and attempted to flee in his vehicle, while McClanahan tried to shoot out the tires. One round also shot out the back window of the vehicle.
Later, a second 911 call came in from Eads' wife, reporting her husband had been shot in the chest, though reports indicate the chest wound may have been an exit wound with the round initially impacting Eads in the back.
Sullivan County District Attorney Greeley Wells, who is handling the case, notes that under Tennessee law, deadly force may only be used in self-defense. He did note that police officers are only permitted to shoot at fleeing suspects if "they have reasonable grounds to believe that a violent felony has been committed and that it would be dangerous to let that person escape" and that this exemption "would probably also apply to civilians" and that there are many other factors to consider.
“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," he said. "And the only way to determine whether or not there is justification is for the jury to make that determination.”
Eads is currently listed as being in fair condition at a local hospital while burglary charges are pending against him.
This case is interesting due to the many factors involved. Was McClanahan's attempt at a citizen's arrest proper or should he have let Eads escape unharmed to burglarize or rob another home? Did McClanahan know his neighbor wasn't at home at the time or was he fearful her life may have been in danger? Did Eads escalate the situation into a justifiable self-defense situation when he tried to take McClanahan's gun? Did his willingness to attack an armed man demonstrate a danger to the public by allowing him to escape?
The bottom line is that these questions will need to be answered by a jury, yet it was the criminal who was harmed and not an innocent civilian. To me, that is a check in the win column.
Comments
Were I on that jury not only would they never get a guilty vote from me, but I would do my best to get the jury to issue a statement upbraiding the prosecutor.
I hope you live in Tennessee and get picked for jury duty then.
Not Guilty no if and or butts!
Hip, Hip, Hooray for the good guys...If Mr. McClanahan has issues with anyone he is welcome to come be my neighbor. I believe I would have also defended my neighbors castle...or life if I thought they may be home.
McClanahan might have won the battle to bring a criminal to justice but he might lose his freedom and everything he owns for doing it. The Founding Fathers wisely made the people the final arbiters of justice in America with the jury system, rather than attorneys, police or judges. The McClanahan case is a good example of why neither police, nor lawyers nor judges can be trusted with the responsibility. Both the police and the prosecutor's office have had opportunities to end this matter by either refusing to charge McClanahan or refusing to prosecute. But both have failed in their responsibility to seek justice by doing so. They have also failed to be accountable for the people's money. Instead, the people of that district in Tennessee will waste hundreds of thousands of dollars of taxpyers' money prosecuting a man for doing the right thing.
Meanwhile, McClanahan is poor and needs a good lawyer. I will give the first $100.00. Who's next ?
If the law would get behind the citizens upholding their rights, and not the law breakers, crime would go down...but that would put a lot of lawyers, police, courts etc out of work, eh? What would they do without all that federal funding?
Texas had a case like this with a Pasadena man. The Illeagals are gone and the good neighbor is still a good neighbor. Blow the thugs away. Keep your eye on the ball Tennessee.
Yes, the junior NRA lobbyist we have here got our castle doctrine law screwed up. We've got to get that fixed, see Tennessee Firearms Association website for more details on that.
Joe Horn of Texas was justified and so was Mc Clanahan.
JoeHorn4myneighbor.com or something close to this. NRA shold back the shooters rights not the thugs.
This is exactly why I always make it clear: I carry to protect me and mine.
Your house, your life, and your children's lives, simply don't concern me.
I am the shooters neighbor. He didn't know the woman's young son wasn't home so he thought he was not only protecting her property but also her son. He is a christian man. The best neighbor anyone could have. I just wish the Kingsport Times News would wait until they got all the facts before reporting anything. They have left out so much. If you go online to their website, it is unreal what some of the people are saying about him. It's awful. But then again, that's why this country is in the shape it is in. People think the courts and such will do the right thing....uh no. They seem to keep putting them back on the street. Eads broke into a house July 26 and stole over $10,000 worth of stuff. So tell me he didn't know what could happen. He has broken into several more homes...they will link them to him. I just wish he had broken into one of the whiners homes and let them know how it feels to work for a living and have everything stole from you while you are at work by a deadbeat druggy
In my humble opinion, the only problem is that it wasn't a center body mass or medula oblongata shot. Also, if Eads wife was accompanying him, then she is guilty of burglary as an acessory.
it sounds to me he did every thing right, held the SOB waiting for Police, when the SOB went for the Gun it became self defence
if i was on the Jury not guilty
it's the cival suit he needs to be worried about. and that sucks.
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!