A burglar who was shot three times while breaking into a granite shop is now suing the business owner, his intended target, for $10 million. Kenneth Voyles broke into Touchstone Granite & Marble in Portland, Oregon on March 6, 2023.
He entered the closed shop through a damaged garage bay door, according to a report in Military.com.
James Grant, owner of Touchstone Granite & Marble, shot 46-year-old Voyles multiple times in the confrontation that followed. Grant and his business have now been named in the lawsuit by Voyles.
What happened in 2023?
Voyles said he was homeless, cold and exhausted when he entered the shuttered business through a damaged section of the garage door in search of food and somewhere warm to stay.
He acknowledged in court documents that he was trespassing and had taken a drill bag with the intention of keeping it.
According to the lawsuit, the situation turned violent after Grant came out of a back room. Voyles allegedly apologised and tried to flee through the garage entrance, but Grant threw a coffee mug and heavy tiles at him.
Grant, 73, gave a different account in testimony on August 12, saying he fired in self-defence after Voyles lifted a heavy pair of bolt cutters over his head and advanced towards him, The Oregonian reported.
{{/usCountry}}Grant, 73, gave a different account in testimony on August 12, saying he fired in self-defence after Voyles lifted a heavy pair of bolt cutters over his head and advanced towards him, The Oregonian reported.
{{/usCountry}}(Also read: Thief returns stolen mandolins to US guitar shop, apologises in note saying ‘I was drunk’)
Grant, who holds a concealed-weapons permit, fired three shots, hitting Voyles in the arm and torso.
The shooting left Voyles with a collapsed lung and severe injuries to his right arm, including shattered bones that required several surgeries.
At the time of the incident, Voyles was convicted of first-degree burglary and menacing. No charges were filed against Grant.
Burglar sues business owner
Voyles filed a civil lawsuit on May 6 against Grant and his company, Touchstone Granite and Marble Inc, in Multnomah County Circuit Court. He claimed that Grant kept firing even as he tried to flee.
Voyles is seeking $5 million in compensatory damages and an additional $5 million in punitive damages.
He has accused James Grant of battery, assault, negligence and intentional infliction of emotional distress. Voyles told jurors that he repeatedly pleaded with the shopkeeper to stop the assault.
"I go, 'Stop!' Like, 'Please stop!'" Voyles told jurors. "And he goes, 'You're going to die,'" he claimed.