Homeless man suing for $10 million after breaking into business and being shot by owner

PORTLAND, Ore. (KPTV/Gray News) - A homeless man who was shot multiple times after breaking into a Portland granite and marble shop is now suing the business and its owner.

According to court documents filed in Multnomah County, Kenneth Voyles accuses Touchstone Granite & Marble Inc. and its owner, James Grant, of battery, assault, negligence and intentional infliction of emotional distress.

Voyles is seeking $5 million in compensatory damages and an additional $5 million in punitive damages.

The reported break-in and shooting occurred on March 6 at the Touchstone premises.

Voyles, who was homeless at the time, claims he was cold and sleep-deprived. He entered the closed business through a damaged portion of a garage bay door, seeking warmth and food.

While inside, Voyles picked up a drill bag and admitted in the filing that he was a trespasser who intended to keep it.

The encounter escalated when Grant emerged from a back room. The lawsuit claims Voyles apologized immediately, but Grant threw a coffee mug and heavy tiles at him as Voyles ran toward the garage door to escape.

When Voyles picked up a pair of bolt cutters to shield himself and unsuccessfully tried to open the locked door, Grant allegedly left the room and returned with a gun.

Voyles said in the lawsuit that he was shot multiple times without warning.

The filing alleges that after firing the initial rounds, Grant told Voyles, “You’re going to die,” before shooting him in the chest at point-blank range. According to Voyles, he was shot again as he was trying to squeeze back through the broken garage door.

Voyles was said to have suffered several injuries stemming from the shooting, including a collapsed lung and shattered bones in his right arm that required multiple surgeries.

The lawsuit alleges Touchstone is vicariously liable because Grant was acting within the scope of his duties to secure the business, and accuses the company of failing to implement reasonable policies or training for after-hours security responses.

In a March interview, the business owner said he found the intruder that early morning in his upstairs office. He said he followed the man to the back of the warehouse, but instead of leaving the property, the intruder’s demeanor became aggressive.

“It went right through my brain that he was ready to attack me,” the owner shared. “He picked up the bolt cutter and raised it, and he was starting to come at me ... my life was totally in danger.”

According to the owner, he told the intruder multiple times to get on the ground, but he said the intruder refused to back down.

Defense representatives did not immediately return requests for comment about the lawsuit.