A man shot three times after breaking into a Portland granite shop is suing the business owner for $10 million.
Kenneth Voyles filed the lawsuit on May 6 against James Grant and Touchstone Granite & Marble Inc. in Multnomah County Circuit Court. He seeks $5 million in compensatory damages and another $5 million in punitive damages.
The complaint accuses Grant of battery, assault, negligence and intentional infliction of emotional distress. A jury trial began on August 10.
What Happened Inside the Portland Shop
The confrontation occurred early on March 6, 2023, at Touchstone Granite & Marble on Northeast Columbia Boulevard.
Voyles said he was homeless, cold and exhausted when he entered through a damaged garage bay door. He said he wanted food and somewhere warm to stay.
Court filings show that Voyles acknowledged trespassing. He also admitted taking a drill bag that he intended to keep.
According to his lawsuit, Grant emerged from a back room while Voyles was inside. Voyles claims he apologised and tried to leave, but Grant threw a coffee mug and heavy tiles at him.
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Voyles then picked up bolt cutters. He says he wanted to use them to get through a locked exit. He alleges Grant retrieved a handgun and opened fire as he tried to escape.
“I go, ‘Stop!’ Like, ‘Please stop!’” Voyles told jurors. “And he goes, ‘You’re going to die,’” he claimed.
Three shots struck Voyles in the arm and torso. He suffered a collapsed lung and severe damage to his right arm. Shattered bones required several surgeries.
Shop Owner Says He Acted in Self-Defence
Grant has given a sharply different account. He testified that Voyles raised heavy bolt cutters over his head and moved toward him. Grant said he believed he faced an imminent attack and fired to protect himself.
In an earlier interview, Grant said: “It went right through my brain that he was ready to attack me.”
Grant holds a concealed-weapons permit. He said he ordered Voyles to get on the ground before firing.
Police and prosecutors did not charge Grant after the shooting. Voyles was later convicted of first-degree burglary and menacing over the incident.
$10 Million Lawsuit Focuses on Use of Force
Voyles argues that Grant continued firing while he was trying to flee. His lawyers say the key question is whether each use of force was legally justified.
Oregon law allows physical force to stop criminal trespass when a person reasonably believes it is necessary. Deadly force faces stricter conditions under state law.
It can be justified in self-defence when a person reasonably believes another person is using or about to use unlawful deadly physical force.
The lawsuit also seeks to hold Touchstone liable for Grant’s actions while securing the business.
Grant’s defence maintains that the shooting was lawful self-defence. The civil trial will decide whether jurors agree or find his response excessive.
