A homeowner in Buchanan County, Missouri, shot an intruder in the groin after confronting him inside his home at approximately 2:49 a.m. on September 20. Thomas D. Davis, 44, of St. Joseph, allegedly entered the home, took items from a counter, and was leaving when confronted. The homeowner, believing Davis was armed, fired one shot before Davis fled.
Police located Davis in a nearby alley; he was treated at a hospital and taken into custody. He faces a second-degree burglary charge and claims no memory of the incident due to Xanax use. No charges have been reported against the homeowner, and Davis is presumed innocent pending trial.
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BUCHANAN COUNTY, MO — A Buchanan County homeowner shot a man in the groin early Sunday after confronting him inside his home at 2:49 a.m., and the man is now in custody facing a burglary charge.
According to a probable cause statement, as reported by KQ2, Thomas D. Davis, 44, of St. Joseph, unlawfully entered a home in the 3300 block of Scott Street in northwest Buchanan County around 2:49 a.m. Sunday, Sept. 20.
Once inside, Davis allegedly took items from a counter. He was on his way out when the homeowner confronted him.
The homeowner believed Davis was armed with a firearm. He fired one round. It struck Davis in the groin. Davis ran from the house.
The items on the counter are not what this comes down to. What matters is a homeowner, in the dark at 2:49 in the morning, face to face with a stranger he believed had a gun. Whether Davis actually had one is not addressed in the report. The law does not require a homeowner to wait and find out. It asks whether his belief that he faced an imminent threat of death or serious bodily harm was reasonable under the circumstances, and a stranger inside your home before 3 a.m. who you believe is armed is about as far from a borderline call as this gets. He fired once and the threat left. That is the mindset I want to see: stop the threat, then stop shooting.
Officers located Davis in a nearby alley. He was taken to Mosaic for treatment and released into police custody. The homeowner identified him as the man who had been inside the house.
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Davis told authorities he had taken Xanax and had no recollection of entering the home. That may end up being part of his defense. It means nothing to the man standing in his own house at 2:49 a.m. Intent is not visible in the dark. A homeowner has to respond to what a stranger is doing, not to what that stranger will remember later.
Davis faces a charge of second-degree burglary and was scheduled for an initial appearance before Judge Rebecca Spencer at 8:15 a.m. Tuesday, Sept. 22. The charge is an allegation, and he is presumed innocent unless convicted. The report does not indicate any charges against the homeowner or any prosecutorial determination on his actions.
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