Oregon man seeks $10 million after being shot while committing a robbery.
An Oregon man who was shot several times after entering a Portland business without permission is now suing the company and its owner for $10 million, claiming the shooting went far beyond what was needed to protect the property. Kenneth Voyles filed the lawsuit in Multnomah County against Touchstone Granite & Marble Inc. and company owner James Grant over the break-in shooting. The lawsuit accuses Grant and the business of assault, battery, negligence and intentional infliction of emotional distress. Voyles is asking for $5 million in damages for his injuries and another $5 million in punitive damages.
The break-in shooting dispute began on March 6, when Voyles was experiencing homelessness and entered the Touchstone property through a damaged garage door. According to the lawsuit, he went inside because he was looking for somewhere to stay. Touchstone is a Portland company that makes and installs stone countertops and other surfaces. Voyles acknowledges that he intended to take a drill bag from the business while inside. Grant, who was working in another part of the building, discovered that Voyles was there and confronted him. The two men give very different accounts of what happened next.
Voyles claims he apologized after being confronted. However, he says Grant began throwing objects at him, causing him to run toward an exit. During the attempt to get away, Voyles says he picked up a pair of bolt cutters because he feared he needed something to protect himself. The lawsuit then claims his escape was then blocked by a locked door.
Voyles claims Grant went to get a gun and returned before shooting him several times, stating Voyles was going to die while he fired another shot into his chest at close range. Voyles also alleges that he was shot again while attempting to crawl through the garage opening. His lawsuit names Touchstone Granite & Marble as a defendant in addition to the business owner. Voyles argues the company should be held responsible because Grant was acting while protecting the business when the shooting occurred.
In a very different account of the same event, Grant said he found Voyles inside the building and followed him toward the back of the warehouse. Grant said Voyles became aggressive and picked up the bolt cutters. Grant said he believed Voyles was about to attack him and that his own life was in danger. He also said he warned Voyles several times to get on the ground but claimed Voyles refused.
The central issue in the break-in shooting lawsuit is expected to be whether Grant’s use of deadly force was legally justified under the circumstances. Oregon law allows property owners to use physical force in certain situations involving the defense of a person or property, but the facts surrounding each incident determine whether the force used was lawful.
The case comes with both sides acknowledging facts that make the dispute unusual. Voyles admits that he entered the business without permission and intended to take property. At the same time, his lawsuit argues that being inside the building did not give Grant the right to shoot him repeatedly. Grant, meanwhile, says the presence of the bolt cutters changed his perception of the situation and caused him to believe a dangerous attack was about to happen.
The case is likely to be centered primarily around what happened during the brief confrontation inside the business, including whether Voyles posed an immediate threat when Grant fired his weapon and whether the number and timing of the shots were justified.
Sources:
Man who was shot breaking into Oregon business sues owner for $10M
Repeat criminal sues for $10 million after he broke into Portland business, got shot by owner
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