Three years after a homeless man was shot three times while breaking into a Portland, Ore., granite shop, he is suing the business owner—an Army veteran—for $10 million.
Kenneth Voyles, 43, broke into James Grant’s countertop shop before dawn on March 6, 2023, and was shot during the confrontation that followed. Grant, 72, was never criminally charged, according to Oregon Live. Voyles reportedly entered the closed shop through a damaged garage bay door.
Grant, who has a concealed weapon permit, confronted him inside and shot him three times, striking his arm and torso. Voyles suffered a collapsed lung and shattered bones in his right arm that required multiple surgeries.
In May, Voyles took the case to civil court, suing Grant and his company, Touchstone Granite and Marble Inc., in Multnomah County Circuit Court. Trial proceedings began last week and remain ongoing.
Police and prosecutors filed no charges against Grant. Voyles was convicted of first-degree burglary and menacing, later sentenced to five years of drug treatment. He has prior convictions for car thefts and business burglaries.
‘Youre Going to Die, Dude’
Voyles alleges in the lawsuit that he apologized when Grant found him, then tried to flee.
Grant threw a cup of urine and heavy tiles at him, left the room to retrieve a handgun, then returned and opened fire, according to The Oregonian.
Voyles also claims, as reported by local KPTV, that Grant told him, “You’re going to die, dude,” shooting him in the chest at close range, then firing again as Voyles tried to squeeze out through the garage door. The suit accuses Grant of battery, assault, negligence and intentional infliction of emotional distress.
It seeks $5 million in compensatory damages, along with $5 million in punitive damages.
Grant testified that he pursued Voyles because he wanted him arrested for stealing from the shop, according to Oregon Live. He said he did not hear Voyles ask him to stop because he was not wearing his hearing aids. Grant claims Voyles raised a pair of bolt cutters and moved toward him.
“I said, ‘Get on the ground,'” Grant testified. “And he looked very agitated, looked like he was getting ready to attack me. Then, I shot three times.”
Grant said that he feared for his safety and did not want to use deadly force.
Oregon’s Dwelling Distinction
The legal question at the center of the trial is whether Grant could use such force in the encounter.
Oregon law permits a person to use lethal force to defend a dwelling from an intruder. However, it does not extend the same protection to a business.
That distinction comes into play because of where Grant was when the shooting happened. Grant owns homes in Nevada and China; however, he testified that he lives in the back room of the Portland shop when he is in the city.
Whether the building counts as his dwelling, rather than only a place of business, is a central issue for the jury. The shop sits in an industrial corridor on Northeast Columbia Boulevard.
Voyles was homeless at the time and has said he entered the building seeking warmth and food. He admits in the filing that he grabbed a drill bag and intended to take it. His lawsuit argues that Grant’s response went far beyond what the situation intended.
The lawsuit also names Touchstone as a defendant. It alleges the company is liable because Grant was acting to secure the business, and it faults the company for failing to set after-hours security policies.
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