08:36 PM CST on Friday, November 30, 2007

By Chau Nguyen / 11 News

A make-shift memorial marks the area near where Clark Dennis was shot.


On a quiet road, sit displays of grief. Flowers for a man whose family says he didn’t deserve to die.

“He was really kind hearted,” said Dennis’ niece Lita Acree.

A kind hearted man, whose story is now making headlines in Conroe.

Clark Dennis, known by friends and family as corky, was shot and killed at his neighbors home just doors down.

“They’re very upset, they think it’s a tragic that shouldn’t have happened and it did,” said Acree.

Sunday night, authorities say, Dennis had walked to Paul Smiths home, to complain that Smith’s daughter and her boyfriend were speeding down the road.

Police say there was an altercation on the porch, then Smith shot Dennis dead.

“(It) is not required to retreat before using deadly force,” said Montgomery County District Attorney Mike McDougal.

The District Attorney is taking a close look at the case to determine whether this shooting falls under the state’s castle doctrine law.

The new law that took effect on Sept. 1, gives homeowners more rights to open fire on their property.

“I just want to make sure before we go throwing people in jail that we’re making the right decision,”

Smith was not arrested that evening. The District Attorney is referring the matter to a grand jury to decide whether this was a case of murder, or self defense.

Whatever the grand jury decides, Dennis’ loved ones have already made up their minds.

11 News: Do you consider this murder?

“Yes I do,” said Acree. “I think he should have locked the door and called the cops if it was that big of a deal.”

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