State v. Rye

Justice MOORE:

I respectfully dissent and would affirm the decision of the trial court.

FACTS

The shooting death of Rob Odom (Odom) occurred on August 14, 2004. For several months prior to Odom’s death, appellant had contended with vandalism, break-ins, thefts, destruction of property, and the killing of his pet cats at his property on 1800 VanBoklen Road. Appellant did not reside at the property but occasionally slept at the house located there. He also used the property to store tools and equipment needed in his heating and air conditioning business. He visited the property every day,…