TN man charged with assault for shooting burglar

August 5, 7:27 AMCleveland Gun Rights ExaminerDaniel White

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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.