Grand jury declines to indict Hurst homeowner for killing suspected burglar in November
A Tarrant County grand jury declined on Thursday to indict a Hurst resident for killing a suspected burglar who the homeowner said had attempted to run him over in November.
Grand jurors returned their decision on 48-year-old Kevin Hamilton of Hurst.
The grand jury declined to indict Hamilton on murder and tampering with evidence charges in the shooting death of James Martinez of Irving.
“It comes as no surprise that Kevin Hamilton, a license to carry holder, was cleared of all charges,” said Christy Jack of Fort Worth, Hamilton’s attorney, in a Friday email. “The grand jury got it right. This is a case of self-defense. In Texas, you have the right to protect your home, your property and your life — pure and simple. This is the end of a nightmare for Kevin Hamilton.”
Hamilton told Hurst police he shot and killed Martinez because the suspected burglar tried to run Hamilton over with a car.
Police wrote in a warrant that video from Hamilton’s doorbell camera never showed Hamilton standing in front of Martinez’s car. The warrant said Hamilton fired at Martinez several times as he stood to the side of the car.
Hamilton picked up the casings and never called Hurst police on the morning of Nov. 28, according to warrants obtained by the Fort Worth Star-Telegram.
The warrants written by Hurst Detective J. Hobbs gave this brief account of the shooting:
Shortly after 9 a.m. on Nov. 28, Hamilton was watching television when he heard the sound of a tool making noise like a saw outside at the front of his Hurst home.
He looked outside, saw a man under his 2001 Ford F-250 pickup truck, and realized he was trying to steal his catalytic converter by cutting it off.
Hamilton told Hurst detectives he ran to his couch, grabbed a .45-caliber handgun he kept in the cushions, and ran outside.
By this time, the man later identified as James Martinez had run to his car and got inside.
Hamilton told police he ran to the front of the car and pointed his handgun at Martinez. Hamilton said he could not remember if any words were exchanged and said he didn’t see Martinez with any tools.
Hamilton later told a detective that his intent was to detain Martinez, but the car moved forward toward him and he believed Martinez was going to run over him.
The Hurst man said he had to move out of the way, but he fired three shots at Martinez. Hamilton walked back to his porch, set his handgun down and sat down because he was shaken up, he told police.
Martinez’s car traveled a short distance before it stopped in the 1600 block of Eastridge Court in Hurst. When they arrived, police found Martinez unconscious and his car had bullet holes. An electric saw was near Martinez’s body.
This report contains information from Star-Telegram archives.
