Licensed owner of concealed gun cleared in death
Dallas panel nobills driver who shot another in argument
By JIM SCHUTZE
Copyright 1996 Houston Chronicle Dallas Bureau
DALLAS -- A grand jury voted Wednesday not to indict the first
Texan to shoot and kill someone with his licensed concealed
handgun.
The Dallas County grand jury ruled that Gordon Hale III, 42, of
suburban Grand Prairie committed no crime Feb. 21 when he shot and
killed Kenny Tavai, 33, an unarmed delivery truck driver during an
argument in heavy freeway traffic. It was the first fatal shooting
under the state's new law that allows ordinary citizens to become
licensed to carry a concealed handgun.
Within hours of Wednesday's decision, the principal legislative
architect of the so-called right-to-carry legislation had fired
off an angry press release castigating critics who had used the
Tavai killing to attack the new law.
"I am disgusted ... by the initial reaction to this incident by
opponents of the concealed handgun law," said state Sen. Jerry
Patterson, R-Pasadena. In his written statement, Patterson
specifically accused state Sen. Rodney Ellis, D-Houston, of having
used the Tavai killing as a vehicle for his opposition to the gun
law.
"The `I told you so' crowd was wrong once again," Patterson said.
"Their ignorance of the laws of deadly force is apparent."
Ellis fired back with his own emotional written statement.
"I care about this issue because gun violence is a serious threat
to the safety of the people of Texas," he said in part.
"I am worried about the safety of my 8-year-old daughter, Nicole.
In 1994, approximately 1,500 Texans were killed as a result of gun
violence, and I simply do not believe that more guns on the
streets will make my daughter safer," Ellis said.
Members of the victim's family could not be reached for comment.
Tavai's relatives were angry over the shooting when it happened
and told reporters at the time that they believed Dallas police did
the right thing by bringing homicide charges against Hale.
Police arrested Hale after the shooting because they believed the
altercation between Hale and Tavai had not justified the use of
deadly force. A spokesman said Dallas Police Chief Ben Click would
have no comment on the grand jury finding Wednesday.
The shooting of Tavai, following an incident in which the rear-view
mirrors of vehicles driven by the two men clicked together in
tight traffic, drew immediate national attention.
Hale, who works for a welding supply company, obtained one of the
new concealed weapon permits because his job requires him to drive
a truck carrying expensive equipment all over the Dallas area,
according to his lawyer, Vincent W. Perini.
The incident occurred when trucks driven by the two men tapped
lightly against each other in traffic on a crowded freeway in west
Dallas. According to witnesses, Tavai left his own delivery vehicle
and confronted Hale in his pickup. Tavai hit Hale one to three
times in the face and shoulder, police said. Hale lifted a
.40-caliber handgun from beneath a coat on the front seat of his
pickup and shot Tavai once in the chest. Tavai died three hours
later.
Hale's lawyer said Wednesday that the grand jury had taken special
pains to examine all of the evidence and listen to all of the
witnesses, going beyond normal grand jury practice.
"From my observation, the grand jury proceeded in the knowledge
that this case was being watched and was receiving a lot of
publicity, and so the grand jury and the district attorney took
pains to do a good job," Perini said. He said the grand jury
interviewed all of the witnesses who had seen the shooting happen
in traffic.
Grand jury rules do not allow lawyers to argue in person before the
grand jury, but Perini did send in a lengthy written argument --
acceptable practice in Dallas County. Perini included a statement
from a forensic pathologist concerning the severe injury that can
result from fist blows to the face. He said he also pointed out
that Texas law on deadly force permits the use of deadly force to
prevent serious bodily injury short of fatal injury.
"Hale was blocked in traffic on all sides," Perini said. "He had
dropped back and was writing down Tavai's plates and his courtesy
number, where you're supposed to call to report bad driving."
Perini said Tavai approached Hale, who was sitting behind the wheel
of his pickup, and told him not to call the police or the courtesy
number, then grabbed Hale by the front of his shirt and pulled him
toward the open window while hitting him in the face.
"You can shoot to prevent serious bodily injury," Perini said. "You
shouldn't have to decide, `Well, he's going to break my nose,
knock my jaw out and detach my retina, but I don't think he'll kill
me.' And you don't."
Hale declined to comment after the grand jury finding, but his
father, Gordon Hale Jr., said he was overjoyed.
"We're elated," he said, speaking from his son's home. "I have
always been a person who thought a man had a right to defend
himself. My son was attacked illegally, and he acted to defend
himself. He did the right thing."
The father said his son and his entire family were sorry that
someone had to lose his life.
"A person is dead," he said, "and that's always too bad."
