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| James Meyer (Dallas Police Photo) |
This is an update to
an article I wrote in 2019. That article discussed a Dallas man who was charged
with murder in the fatal shooting of a burglar outside his Dallas home on 26
September 2019.
Sources stated that James Michael Meyer told police that noise outside his home
awakened him about 5 a.m. He looked out a window and saw someone trying to
break into his storage shed with a pickaxe. Meyer said he grabbed his handgun,
chambered a round, and then exited his home yelling at the person to stop what
he was doing and not come any closer or else he would shoot.
Meyer told police the person took several steps toward him, so he fired his pistol
at the individual. Meyer stated that at that point, the burglar dropped the
pickax and ran toward a park behind his house.
Prior to that moment, Meyer’s use of deadly force was likely justified
under the law. His attacker was
threatening/using unlawful deadly force (i.e. brandishing a pickaxe). Meyer was innocent (i.e. he did not start the
incident and had a right to be present in his back yard), the threat was
imminent, his action was proportional to the threat, and a reasonable person
could conclude his actions were a valid/justified response to the threat.
However, Meyer also told the police that he fired an additional shot "into the night" in the direction of the park as the burglar ran away. He stated that he didn't know whether he had struck the person, so he went into his house and back to bed – he did not call the police
Later that morning
Meyer looked outside once again and saw something in the park. Upon closer
inspection, he found an unidentified individual lying face down so at that
point, he called the police. His second shot had not missed – it killed the
fleeing burglar.
Meyer like many people, found himself charged with murder because the incident
evolved from one in which Meyer's use of deadly force was potentially justified
into one where the perpetrator is fleeing, is not longer threatening unlawful
deadly force, and the defender is now the aggressor.
What Should You Do During Such an Incident?
Call the police. If
you are involved in any use of force self-defense incident call the police.
Don't call your attorney, your neighbors, your parents, your husband, your wife
or anyone else before you call the police. Tell the police dispatcher that you
have been attacked and that your attacker may be or is down (in Meyer’s case he
said did not know).
Stay on the line with the dispatcher and give your location, describe what you
are wearing, and remind the dispatcher that you are the victim. Request that
the dispatcher provide responding officers a description of what you are
wearing and where you are located. The dispatcher will likely ask questions
concerning what has happened however, you do not have to respond, nor should you
answer those questions. Tell the dispatcher that you will talk to responding
officers. The call your attorney and/or your post-incident protection plan
provider.
Sign the Complaint. When the police arrive tell them you will sign the
complaint. This reinforces that you were in fact the victim in the incident.
Point out the Evidence. Evidence is perishable and can be moved or stolen. Meyer disturbed
critical evidence and altered a crime scene when he gathered up his spent
cartridges and threw them in the trash. Under no circumstances should you
willingly disturb or move evidence yourself. This is altering a crime scene and
is itself a crime in many jurisdictions.
Point out Witnesses. If there are witnesses point them out to the police. If
you do not, they may (likely will) leave the scene and their information will
leave with them.
Cooperate. Tell the police that you will cooperate fully once you have
consulted legal counsel. Police likely will ask questions at the scene beyond
what you have told them in the steps above. Politely decline and verbally state
that you are exercising your right to remain silent and repeat that you will
cooperate fully once you have consulted legal counsel.
AND THEN SHUT UP. Do
not talk to anyone other than with your attorney about anything, ANYONE or
ANYTHING. Your voluntary statements may
constitute a waiver of your rights and may be used against you, even if you
previously invoked your right to silence.
This is where a post-incident protection plan such as the Armed Citizen’s Legal
Defense Network (https://armedcitizensnetwork.org/) can be very
helpful in finding a qualified attorney. However, you must ensure that your
legal counsel is qualified to give you proper legal advice. If there is any
doubt, get another attorney.
According to Meyer’s arrest affidavit, Meyer's attorney agreed to allow Meyer to make a statement on 26 September 2019 -- the day of the incident. I seriously doubt that Meyer and his attorney had carefully reviewed Meyer’s account of the incident at that point.
A detective read
Meyer his Miranda Warning before questioning him. The attorney then sat
(presumably) silent while Meyer made an incriminating statement:
Suspect Meyer stated that the complainant (the burglar) took several steps
towards him and Suspect Meyer fired his gun. Suspect Meyer stated the
complainant dropped the pick-axe and ran away in the direction of the park. At
that point Suspect Meyer, repositioned himself and fired an additional shot
"into the night" which in the direction of the park [sic]. According
to Suspect Meyer, the complainant had left towards the park when he fired the
second shot. From the suspect's accounts, the threat of serious bodily injury
against him was over when the complainant dropped the pickaxe and ran off away
from him [Meyer].
Note: In the detective’s report the deceased burglar has become the
“complainant” – not Meyer. Meyer’s attorney allowed him to confess to unlawful use
of deadly force. Although he was charged
with murder, I can find no indication that Meyer was convicted.
Using deadly force against a fleeing perpetrator who no longer poses an imminent threat of deadly force, failing to call the police immediately, intentionally altering evidence, and then making an ill-considered, incriminating statement to the police can be very problematic for how and where you live the rest of your life.
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