Burglary Victim Charged With Reckless Conduct For Firing Gun

[StevieP]

http://boston.cbslocal.com/2012/02/20/burglary-victim-charged-with-reckless-conduct-for-firing-gun/

FARMINGTON, N.H. (CBS) – A man who caught a suspected burglar in his neighborhood over the weekend now faces criminal charges himself.

It all started Saturday afternoon, when police were called to two homes on Ten Rod Road because someone had broken into them.

Officers found 61-year-old Dennis Fleming holding off the suspect with a handgun.

Fleming’s home was one of the two that were robbed.

Twenty-seven-year-old Joseph Hebert was arrested and charged with two counts of burglary.

But it didn’t end there.

Police later found out that Fleming had been looking for Hebert for about half-an-hour after the robbery.

When he caught up with him, Fleming fired a warning shot into the ground.

No one was hurt, but that was enough for police to charge Fleming with reckless conduct for firing his gun in a residential area.

Fleming told WBZ-TV Monday he was wrong to take the law into his own hands.

=================================================================================

What's that saying? Oh, yeah... Never fire warning shots.

Thanks for the reminder...

 

[dcmdon]

The guy's actually lucky thats all he's been charged with. In most states, and I'm no NH law expert, the idea that you would have the right to use deadly force to hunt down and capture someone who committed a non-violent property crime is pretty shaky.

In fact on ethical grounds its pretty shaky also. Not very bright. And, I'd have to say, stupid.

Don

 

[*chris*]

The guy's actually lucky thats all he's been charged with. In most states, and I'm no NH law expert, the idea that you would have the right to use deadly force to hunt down and capture someone who committed a non-violent property crime is pretty shaky.

In fact on ethical grounds its pretty shaky also. Not very bright. And, I'd have to say, stupid.

Don

Hah, never get in this dicussion with a Texan of Floridian...

 

[dcmdon]

I know. I'm sure I'll get flamed, but that texan who made the 911 call because his neighbors unoccupied house was being robbed and then went outside and shot the fleeing burglars in the back deserved some jail time.

But what do I know. I'm only going by whats right and wrong.

Don

p.s. I'm not saying that emotionally it doesn't sound good, but think about it. Really think about it.

 

[JCat]

I know. I'm sure I'll get flamed, but that texan who made the 911 call because his neighbors unoccupied house was being robbed and then went outside and shot the fleeing burglars in the back deserved some jail time.

Maybe I'll get flamed with you, but I agree. I think at one point while on the phone with the 911 operator, he said, 'I'm gonna kill him.'

Oh, and yeah, this is a dupe:
http://www.northeastshooters.com/vb...PD-have-gone-full-retard?highlight=farmington

 

[Zappa]

There's already an active thread on this subject here:

www.northeastshooters.com/vbulletin/threads/154189-WTF-Farminton-NH-PD-have-gone-full-retard

 

[StevieP]

Don't usually read "off-topic." sorry for the dup thread.

 

[Molon.Labe]

My understanding is that firearm use is legit as long as it's used to stop a threat of severe injury, rape or death.
When a perp is already fleeing, using a firearm is an act of vigilantism or revenge, and in most cases is punishable by the law.
Also, I bet the robber can now sue Dennis Fleming out of his last pants for distress and suffering because by the time Fleming found the perp and was holding him at gunpoint, the perp was no longer in the process of committing a crime.
Yes, I know, I know, catching a crook and hanging him high probably feels good and righteous and justified, but the modern law is of different opinion.

 

[drgrant]

There's already an active thread on this subject here:

www.northeastshooters.com/vbulletin/threads/154189-WTF-Farminton-NH-PD-have-gone-full-retard

This