Case against homeowner who fired warning shot dismissed - Dallas News |

Case against homeowner who fired warning shot dismissed

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After eight months, a judge has dismissed the case against a Mesquite man arrested for firing a warning shot in his own backyard during a possible break in.

Kay Ward and Terry Nye are finally free to close a difficult chapter after sleepless nights and $2,500 in lawyers' fees.

"It makes you, I don't know, a little jaded to the whole system, I guess," Nye said.

He said back in May the sounds of banging at his window woke him up. He grabbed is gun and went into his backyard.

"I was terrified. I was literally shaking like a leaf," Ward said.

"I can see men through the fence and I told them to leave and leave me alone," Nye added.

Then he fired a warning shot into the ground.

A neighbor who heard the gunfire called police.

Nye was there to greet the officers thinking they'd try to find the suspects. Instead, they arrested him for discharging a weapon in a metropolitan area.

"I went to jail. I spent Memorial Day in jail this year," he said.

He said he fired the warning shot because he didn't want to have to shoot a person.

"I didn't want to explain to my granddaughter I shot someone because they were stupid," he said.

But Mesquite police questioned why he didn't call 911 first.

"The man and his family were in no immediate danger. Firing a warning shot was unnecessary and reckless," the department said in a statement.

Nye said the whole ordeal nearly flushed his 30-year plumbing career.

"If I was convicted of this I could lose my plumbing license. The state of Texas doesn't license criminals to go into people's homes," he said.

Instead the judge ordered him to complete a mandatory gun training class. Then he and Ward can finally move on.

"It's over. It's over. Thank God it's over," Ward said.


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