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Figure this one out.

http://www.dallasnews.com/sharedcontent ... cd618.html" onclick="window.open(this.href);return false;

- Jim

Mentally ill person is evicted from a house ages ago. People move in and out and he harasses each, actually enters the house, etc claiming to own it.

Three owners/residents later, he'll still thinking the house is his. He's harassing the person who does live there and has been for years, he's repeatedly trying to gain entrance and to evict her from her house, and she's called the police on him numerous times, but they've done nothing.

Last night, he hired a locksmith and duped the locksmith into thinking the house was his. The locksmith was in the process of changing the locks on the house and giving him entrance when the homeowner heard someone messing with her doors, called the police, realized what was going on, and, in my guesstimation walked out of the house with her firearm saying something to the effect of this being the last time that no good so and so was going to mess with her such and such house, shooting him in the head three times.

The police then arrested her for swearing as she shot him.

It seems to me that this man, due to his mental illness, was breaking into her house at night. Is that how others read it?

Hoi, I read the story three times. I didn't see anything about night. Where'd you get that from?

I think, since they've charged her with murder, that the prosecutors at least think the shooting is questionable and want to put the case before a jury. I also think there's at least a 50/50 chance she'll be either found not guilty or guilty of a lesser charge. I think her biggest problem is that she knew the guy and had a long history with him - also that she shot him in the head three times. It will be hard to argue that she thought he was breaking in. OTOH, she ought to be able to plausibly argue that she feared for her life or that he was stealing stuff from her when she shot him. If she had shot him once I think she'd be less likely to be convicted.

In any case, she's got a long road to travel down before this thing is over.

baldeagle wrote:Hoi, I read the story three times. I didn't see anything about night. Where'd you get that from?

From this line: "...accused of shooting Donald Pennington in the head Tuesday night as he tried to enter her house..."

If someone is changing locks on my house, I would assume they are burglars and breaking in. I would at least use the threat of deadly force to stop them. That a bit crazy. The dead should have been on restraining order not to get close. Police should have take him on the second violation.

Saw this story on the evening news. A neighbor told the reporter this guy had been belligerent with her in the past. I would like to know if the locksmith was present for this or had already left. His testimony would carry some weight. I think we all shudder at the thought of a mentally ill person fixating on us to such a degree. I know I would be in fear of what he would do sooner or later. She probably feared what he would do if the next time, he made it all the way into the house and she didn't wake up.

From the way I read it, the mentally disturbed man had lived there and had an ID with the houses address on it. This leads me to believe the police considered this to be a civil matter. Her saying, “this is the last time,” shows premeditation not eminent peril. It didn’t sound like the perp was in the house??? Three shots to the head? DA’s do not like head or back shots.

While I doubt the civil courts could do much more than a peace bond, (restraining orders were for family law last I checked), and both do very little. Tricky situation.

maybe I missed something but where are you guys getting the "this is the last time" remark? or is that just coming from Hoi Polloi's guesstimation?

XtremeDuty.45 wrote:maybe I missed something but where are you guys getting the "this is the last time" remark? or is that just coming from Hoi Polloi's guesstimation?

You're right. Just cursing at him or the situation.

Here is the story:

By KERRY SOLAN / The Dallas Morning News
ksolan@dallasnews.com

A Dallas woman faces a murder charge in the shooting death of a 60-year-old man with mental problems who used to live in her home and often sought to evict her after he was foreclosed on, police said.

Nakisha Kelly, 31, is accused of shooting Donald Pennington in the head Tuesday night as he tried to enter her house in the 7500 block of Gayglen Drive.

Kelly had complained to police over the years that Pennington had repeatedly tried to evict her from the house after a foreclosure forced him out.

Pennington's family members told police that he previously lived at that home, had a history of mental illness and believed he still resided there.

A locksmith was changing locks on the house Tuesday night after Pennington showed him identification bearing the Gayglen Drive address. Police said Pennington was on the phone with a 911 operator when Kelly confronted him.

"The female came out of the house, cursing," Dallas police Senior Cpl. Janice Crowther said. "She fired three shots."

Pennington was pronounced dead at the scene.

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1). It does say it was at night - twice.
2). It does say that she came out of the house, cursing.
3). It does not say what she was cursing.
4). It does not say: "this is the last time" remark.

If she would have just stayed inside the house, and called police on the Burglar...
And if he came inside, shot him then.
This would be a much more concrete case on her behalf.

IT seems there is a lot if missing information in the report coupled with people making assumptions about what happened. It doesn't say she what she said specifically and it does not say she shot him in the head 3 times. It says she shot him in the head and that she fired 3 times. Alot of speculation seems to emerge without evidence to back it up. The report says he tried to enter the house and then it says she came out cursing. To me generally, entering=defense, coming outside=aggression (depending on the exact circumstances of course). Unfortunately, without more info it seems fruitless to guess about it.

On a side note, I have known 2 people with similar problems myself. Former residents who would typically get plastered and then think they still lived there, barging in late at night. It's bad simply because the person is not trying to break and enter, yet they can be quite forceful since they are so determined they are right and you are wrong. The one time I experienced it myself it felt VERY threatening. It's just a sad situation all around.

Deadly force can be used to prevent the commission of a crime at night. Not sure this fits, it was certainly at night, but was she preventing a crime, by shooting, or just exacting punishment or preventing future crime. I guess the locksmith feels lucky he is alive.

philip964 wrote:I guess the locksmith feels lucky he is alive.

That would be my concern; if someone's breaking into my house, the one opening the door is the one getting shot first. Guess that locksmith will be a lot more careful about making sure he's dealing with the legitimate owner in the future.

baldeagle wrote:I think her biggest problem is that she knew the guy and had a long history with him ...

I think that's the rub. Also he seems to have been unarmed.

I see a lot of these cases where someone shoots a person that he or she has a history with. Burglaries (a.k.a. breaking and entering—which is not a crime in Texas) or assaults that would other make the defender golden if the attacker were a stranger. The authorities frown on settling disagreements this way.

I have to say that the cursing aspect is pretty irrelevant, and it sounds to me like the DA is piling it on. All homicides go to a grand jury, but often the DA does not prefer charges (I think that's the technical legal term).

- Jim