District Attorney: Homeowner legally justified in deadly force in Leland homicide

LELAND, NC (WWAY) — The Brunswick County District Attorney’s Office has concluded its investigation into a January 2 shooting on Dixie Drive in Leland that left one man dead.

According to a news release, the investigation determined the homeowner was legally justified in using deadly force.

District Attorney Jon David announced the findings after a joint review with the Leland Police Department. The investigation included witness statements, photographs, videos, and autopsy reports.

According to the release, Brunswick County 911 received a call around 3:32 a.m. from an occupant of the Dixie Drive residence reporting that a man was dying and that first responders were needed immediately. Officers arrived and found Dylan Hennessey dead inside the home. He had suffered multiple gunshot wounds.

Investigators determined Hennessey and a friend, Dustin Powers, arrived at the home approximately eight minutes before the shooting. Hennessey had been in an on-again, off-again relationship with a woman who was inside the home. She was at the home with another woman and the homeowner.

The DA’s office said Hennessey learned the group was together and went to the residence with Powers to confront them. The release notes Hennessey had pending domestic violence charges in New Hanover County involving the same woman.

According to investigators, Hennessey and Powers allegedly attacked the homeowner after arriving. The confrontation began outside and escalated when the two men allegedly dragged the homeowner into his residence with the intent to commit an assault.

During the struggle, the homeowner retrieved a firearm and fired five rounds. Hennessey was shot and killed, Powers was shot in the wrist, and the homeowner was shot in the foot.

David said the homeowner and both women cooperated fully with law enforcement and provided detailed interviews. The State Bureau of Investigation processed the scene and collected evidence, including a set of brass knuckles.

As a result of the investigation, authorities determined Dustin Powers should be charged with breaking and entering with intent to terrorize and first-degree kidnapping. Those charges are now pending in Brunswick County courts.

Dustin Powers (Photo: Brunswick County Sheriff’s Office)

Under North Carolina law, a person is justified in using deadly force without a duty to retreat if they reasonably believe it is necessary to prevent imminent death or serious bodily harm.

“Under these circumstances, the homeowner could have reasonably believed that such force was necessary to prevent imminent death or great bodily harm to himself. Therefore, the homeowner’s use of deadly force was reasonable and legally justified. The homeowner will not be criminally charged with the death of Mr. Hennessey,” David said in the release.