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Grand jury to hear case of man who was shot after crash
No one was arrested or charged when an 80-year-old man, who was suffering a medical emergency, was shot after crashing his car into a house. Instead, the case was sent to a grand jury to determine if the shooter should face a criminal charge.
SEAGOVILLE, Texas - No one was arrested or charged when an 80-year-old man, who was suffering a medical emergency, was shot after crashing his car into a house.
Instead, the case was sent to a grand jury to determine if the shooter should face a criminal charge.
Stand your ground law may come in to play.
In Texas, a grand jury is made up of 12 people who determine whether or not there is probable cause to believe a felony occurred.
A Dallas County grand jury will decide if the shooting of 80-year-old Kenneth Esner, who crashed his vehicle into a home while having a medical emergency last week, was justified. For now, no one has been charged with a crime.
"Normally, when a person is shot, you start to think of aggravated assault," attorney Russell Wilson said.
Wilson, who is a criminal defense attorney and former prosecutor, is not connected to this case.
"What you really are measuring is the level of threat," he explained.
Esner crashed his car into a home off May Road in Seagoville at 8 a.m. back on November 24.
First responders arrived on scene and realized Eisner, who was stuck in the car, was shot.
Seagoville police said a resident inside the bedroom impacted by the crash shot Eisner.
Elderly man who crashed into Seagoville home after medical episode shot by resident, police say
An 80-year-old man is recovering after crashing his car into a Seagoville home and being shot by the resident inside.
"Texas has very strong and powerful stand your ground laws, particularly if there’s an invasion of your home," Wilson said.
Wilson said grand jury members will examine many circumstances, especially timing.
"Was there enough time for the homeowner to recognize that no, this was not a threat?" Wilson said. "For example, if the guy is just there, in the car, for five minutes and nothing is being said, and then you begin firing away, I think you’d be very difficult to say, even though it was an accident, that the shooting is justified…on the other hand, if you were in bed, you were asleep, boom, you hear a loud noise, there’s a car in your thing and you reach over and grab your firearm, and you fire at what you perceive as a threat."
Additional evidence might include 911 calls.
"Was there a 911 call saying, ‘Hey, somebody just crashed in my house trying to rob me,’" Wilson explained.
The 80-year-old victim is recovering. Seagoville police have not released additional information about the shooter.
"How did he respond when he did recognize that?" Wilson said.
Wilson said a grand jury referral process in Dallas County might take anywhere from three to four months.