From the Gainesville Daily Register of July 26, 2004
County investigates shooting of alleged burglarNo subsequent stories about this incident were found
The Cooke County Sheriff's office investigators are continuing to look into a shooting that occurred Sunday when a homeowner surprised a would-be burglar leaving his house.
Sheriff Mike Compton said Jack Anthony Smith, 40, arrived at his house at 3503 Hemming Road in southern Cooke County with his wife about 9 p.m. Sunday and saw a man leaving it with bags of their household's items. Compton said the door to the house had been kicked in to gain entry.
"He tried to get him to stop," Compton said. "He couldn't get him to stop."
Smith then shot William Wayne Elliot, 27, in his left leg with a .45 handgun as he ran down the Smith's driveway in order to keep him from leaving with the family's possessions, according to Compton. The sheriff said where the gun was located prior to the shooting was part of the case and declined to say if Smith had the gun in the car or the house.
Elliot, who is formerly of Whitesboro but now with an unknown current address, was transported by CareFlite from the scene to Harris Methodist Medical Center in Fort Worth. Monday morning Compton said Elliot was listed in stable condition.
Compton said the sheriff's department is preparing burglary charges to file against Elliot.
As for if charges will be filed against Smith, Compton said the case remains under investigation and declined to say.
"This is a case of a homeowner defending his home," he said.