Dallas man went back to bed after killing burglar, police say

  
Via:  freefaller  •  3 weeks ago  •  33 comments

Dallas man went back to bed after killing burglar, police say
James Michael Meyer was charged with murder in the shooting at his home.

S E E D E D   C O N T E N T


DALLAS — Authorities say a 72-year-old Dallas man fatally shot a suspected burglar behind his home and then went back to bed before finally calling police nearly two hours later.

The Dallas Morning News reports that James Michael Meyer has been charged with murder in the Thursday killing and was jailed on $150,000 bail as of Friday.

According to the arrest warrant affidavit, Meyer told police he was awakened at around 5 a.m. Thursday by noise outside and saw someone trying to break into his storage shed with a pickax. He says he grabbed his handgun, went outside and yelled at the person to stop and not come closer or else he'd shoot.

Police say he told investigators the person took several steps toward him, so he fired and the burglar dropped his pickax and ran toward the park behind his home. Police say he said he fired again "into the night" in the direction of the park then went back to bed.

The affidavit says Meyer’s wife called an attorney for advice before her husband called 911.

Meyer refused to answer the 911 dispatcher's questions , the Morning News reports, apparently stressing he was the victim of a crime.

The Morning News also reports that Meyer told police he threw the bullet shell casings in the trash.

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Freefaller
1  seeder  Freefaller    3 weeks ago

Both the homeowner and robber appear to be idiots in this case.

 
 
 
Ronin2
1.1  Ronin2  replied to  Freefaller @1    3 weeks ago

Are we expected to feel sorry for the criminal that was trying to rob the victim; and threatened the victim with a pickax?

The homeowner should have called the police immediately, then his lawyer to make sure they meet the police there. If their police are anything like the ones around here- it would be at least 1/2 hour to 1 hour to respond.

 
 
 
Freefaller
1.1.1  seeder  Freefaller  replied to  Ronin2 @1.1    3 weeks ago
Are we expected to feel sorry for the criminal that was trying to rob the victim; and threatened the victim with a pickax?

That's up to everyone to decide for themselves, I certainly don't

The homeowner should have called the police immediately, then his lawyer to make sure they meet the police there.

Yes he (or his wife) should have, we'll have to see how the prosecutors office proceeds from here

 
 
 
WallyW
1.2  WallyW  replied to  Freefaller @1    3 weeks ago

 Police say he told investigators the person took several steps toward him, so he fired and the burglar dropped his pickax and ran toward the park behind his home.

Homeowner was in fear for his life, just trying to scare the criminal off....which the victim apparently thought he had done, hence no immediate call to the police.

 I would not vote to convict, 

 
 
 
Freefaller
1.2.1  seeder  Freefaller  replied to  WallyW @1.2    3 weeks ago

I would guess there's some requirement to report shots fired (other than plinking or hunting) and/or an attempted robbery.  Meh time will tell.

Just noticed but Tacos, XDm and squiggy also bring up some very good points for consideration

 
 
 
Ed-NavDoc
1.2.2  Ed-NavDoc  replied to  Freefaller @1.2.1    3 weeks ago

Don't know we about other states, but in AZ, if you shoot someone in self defense it is strongly recommended you make sure and tell the police that you were afraid your life was in imminent danger when shooting. Otherwise there is a much greater possibility of going to jail for manslaughter!

 
 
 
Freefaller
1.2.3  seeder  Freefaller  replied to  Ed-NavDoc @1.2.2    3 weeks ago

That makes sense, unfortunately for Mr Meyer it appears the fatal shot hit the criminal in the back of the neck. 

 
 
 
XDm9mm
1.2.4  XDm9mm  replied to  Freefaller @1.2.3    3 weeks ago
That makes sense, unfortunately for Mr Meyer it appears the fatal shot hit the criminal in the back of the neck. 

That's all predicated on the circumstances of the shoot.   People have fired multiple times at a perpetrator and have actually hit them more than once.  However, the first shot essentially turned the perpetrator and a second or even third shot hit in the side or back.

It's going to take some excellent forensic work to determine exactly what happened if there are more than one entry/exit wounds.

 
 
 
Freefaller
1.2.5  seeder  Freefaller  replied to  XDm9mm @1.2.4    3 weeks ago

Might keep an eye on this story just to find out

 
 
 
XDm9mm
1.2.6  XDm9mm  replied to  Freefaller @1.2.5    3 weeks ago
Might keep an eye on this story just to find out

We'll need to enlist the aid of Split Personality for that.  I believe he lives up in that neck of the woods so he'll likely catch it on the local news.  You know as well as I do that once reported, forever forgotten.

 
 
 
Freefaller
1.2.7  seeder  Freefaller  replied to  XDm9mm @1.2.6    3 weeks ago
We'll need to enlist the aid of Split Personality for that. 

Lol he is a handy feller

You know as well as I do that once reported, forever forgotten

Yep

 
 
 
squiggy
2  squiggy    3 weeks ago

Other than a two-hour delay, where’s the beef? 

 
 
 
igknorantzrulz
2.1  igknorantzrulz  replied to  squiggy @2    3 weeks ago

at Wendy's

 
 
 
Freefaller
2.1.1  seeder  Freefaller  replied to  igknorantzrulz @2.1    3 weeks ago

LMAO, that's awesome

 
 
 
Freefaller
2.2  seeder  Freefaller  replied to  squiggy @2    3 weeks ago

Well there's the attempted disposal of evidence as well.  Beyond that maybe an utter disregard for the law (I don't know Texas or Dallas law in this matter so that's only a guess)

 
 
 
Tacos!
2.2.1  Tacos!  replied to  Freefaller @2.2    3 weeks ago
Well there's the attempted disposal of evidence as well.

Nah, he told the cops where the shells were. He wasn't try to hide them. He's just tidy.

 
 
 
Freefaller
2.2.2  seeder  Freefaller  replied to  Tacos! @2.2.1    3 weeks ago

Who knows maybe that'll work

 
 
 
Krishna
2.3  Krishna  replied to  squiggy @2    3 weeks ago

Other than a two-hour delay, where’s the beef? 

It was in the storage shed-- which was locked.

(That's why the hungry burglar needed a pickaxe to get to it)

 
 
 
Tacos!
2.4  Tacos!  replied to  squiggy @2    3 weeks ago
where’s the beef?

As long as the guy isn't trying to break into where people are, he's not really in the kind of danger that warrants deadly force.

 
 
 
squiggy
2.4.1  squiggy  replied to  Tacos! @2.4    3 weeks ago

The owner is free to confront the burglar - who dropped the pick axe AFTER he was shot once. An extra shot, (possibly a blank) is a noise complaint.

 
 
 
Split Personality
2.4.2  Split Personality  replied to  Tacos! @2.4    3 weeks ago

Protection of One’s Own Property

Under Texas Penal Code §9.42, a person may use deadly force against another to protect land or property if:

  1. He is the owner of the land;
  2. He reasonably believes using the force is immediately necessary to prevent arson, burglary , or robbery; and
  3. He reasonably believes that the land or property cannot be protected or recovered by any other means.
https://www.bhwlawfirm.com/deadly-force-self-defense-in-texas/
 
 
 
Buzz of the Orient
2.4.3  Buzz of the Orient  replied to  Split Personality @2.4.2    3 weeks ago

They conveniently left out that the shooter justly believed that his or his family's life or safety was endangered.

 
 
 
JBB
3  JBB    3 weeks ago

This case reminds me of the Edmond Oklahoma pharmacist, Jerome Ersland, who took his good time to casualty reload his gun and then unloaded it again into an already permanently down and probably dying headshot young robber. Eastland is serving a term for murder now. He went too far and didn't call for help promptly. It was overkill. Even in conservative Oklahoma a jury convicted him. 

 
 
 
Freefaller
3.1  seeder  Freefaller  replied to  JBB @3    3 weeks ago

I don't see much similarity but Jerome does seem like a loon

 
 
 
Buzz of the Orient
4  Buzz of the Orient    3 weeks ago

Unnecessary force.  After the first shot, the story says the "robber" ran off.  To protect himself and his property, what was the necessity for the second shot?   That's what will convict him.  Not calling the police right away was a very bad move.  It seems some people have become so "everyday behaviour" with killing people that to the shooter it was nothing unusual, so he went to sleep.

 
 
 
Tacos!
4.1  Tacos!  replied to  Buzz of the Orient @4    3 weeks ago
what was the necessity for the second shot?

To learn 'im a lesson.

 
 
 
Tacos!
5  Tacos!    3 weeks ago

Hey, a man needs his sleep.

I don't know; is it fair to expect an old man to wake up at 5am and so everything all nice and legal and quick? It's not like he didn't call the police at all.

More seriously: maybe he didn't know if he hit the guy? Maybe he didn't see any point in calling the police?

 
 
 
Freefaller
5.1  seeder  Freefaller  replied to  Tacos! @5    3 weeks ago
maybe he didn't know if he hit the guy? Maybe he didn't see any point in calling the police?

That seems like a very real defence possibility

I thought the weirdest thing in the story was trying to contact his lawyer at 5am, I mean I don't have a personal lawyer but if I did I can't imagine he/she would be giving me his/her home number to call at anytime

 
 
 
XDm9mm
6  XDm9mm    3 weeks ago

The man is toast.   Once the perpetrator turned to run, he was no longer a THREAT and shooting at him constituted unnecessary use of deadly force, in other words, murder.

I don't fault his INITIAL action as it was legal and he was well within his rights to shoot.  However, it should have stopped when the man ran.  Period, end of story.

Meyer refused to answer the 911 dispatcher's questions ,

Anyone involved in a shooting should NEVER answer any questions from a 911 operator.  PERIOD.  END OF STORY.

The only things that should be said are 'There's been a shooting', 'Send the police and an ambulance(s) to the following address'.  Then hang up.  Nothing more.  Don't answer questions.  PERIOD.

Most don't realize that anything and everything said to a 911 operator are recorded and CAN be used against you in court.   It's testimony provided without benefit of having your rights being told to you.  

Your second call after 911 is to your lawyer.   If you don't belong to a gun rights group with legal coverage, join one.  They have lawyers available 24x7 to help, and in major cities have people willing to respond any time of the day or night.

 
 
 
squiggy
6.1  squiggy  replied to  XDm9mm @6    3 weeks ago

It will matter if Mr Pickaxe was hit from the front on the first shot or in the back running without his tool, by the second and that hasn't been delineated yet. So far, the second shot broke the noise ordinance. Anyhow, yea the dispatcher is a nobody.

 
 
 
XDm9mm
6.1.1  XDm9mm  replied to  squiggy @6.1    3 weeks ago
It will matter if Mr Pickaxe was hit from the front on the first shot or in the back running without his tool, by the second and that hasn't been delineated yet.

I was going to modify my original post to indicate that thought, but the timer elapsed and I said the hell with it.

But, there is another consideration that will be made by the prosecutor, even if the kill shot was in the front.  Shooting at the running away unarmed individual will indicate intent.

Now, I'll admit that I'm not a lawyer, but having taught LTC courses and having lawyers provide some of that training we've discussed similar types of hypothetical situations.  In every instance, even with different lawyers, some being prosecutors some being defense, they all noted that once the treat is stopped, either by wounding/killing him/her or the perpetrator(s) turning to run, continuing shooting shows intent.  The only questionable time would be the wounded perp on the ground as you would have no real way to know if the threat was in fact stopped and turning to run was always going to be bad if you continued to shoot.

 
 
 
Split Personality
7  Split Personality    3 weeks ago

Sunrise was at 7:22 AM Friday, so it was still dark and the burglar was wearing dark clothing.

Different reports say he had a handgun, or that he only chambered one round.

Now today Chanel 10 CBS Dallas is reporting it was a shotgun (?)

but the burglar died from a "gunshot wound on the back of his neck".

 
 
 
Freefaller
7.1  seeder  Freefaller  replied to  Split Personality @7    3 weeks ago

As always SP, thanks for the info

 
 
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