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Homeowner Charged For Shooting At Fleeing Burglar

Zappa

Zappa

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http://www.buffalonews.com/258/story/933866.html

ROYALTON -- An Akron Road man and two Lockport residents face charges after an attempted burglary in which the homeowner allegedly fired a rifle at one of the intruders as he tried to drive away.

Anibal R. Cordero, 24, and Jenna M. Zsebhazy, 18, were jailed after they allegedly tried to enter the home of Dennis F. Cherry late Thursday morning, State Police said.

Cordero and Zsebhazy were confronted by Cherry, 63, who was holding a rifle as they entered through an open garage door of the home, just south of Bulmore Road. Cherry detained Zsebhazy, while Cordero tried to flee in a vehicle, police said.

Cherry then fired about 15 rounds at the vehicle. There were no injuries, according to police. After then running from the scene on foot, Cordero was caught in a wooded area.

Cordero and Zsebhazy each were charged with second-degree attempted burglary, a Class D felony, and taken to the Niagara County jail.

Cherry was charged with first-degree reckless endangerment and second-degree criminal mischief, both Class D felonies, and second-degree menacing, a Class A misdemeanor. He was released on his own recognizance.
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He's lucky this wasn't in Massachusetts.
 
Your honor, my client was not shooting at these men... he was merely removing any unused rounds from the rifle to prevent injuries to these two, poor, uneducated victims of society who were just trying to turn their lives around.
 
This highlights the importance of start shooting while the bad guys are still facing you! [rofl]
 
I suppose if this happened in Texas he would have been charged for being a lousy shot.
 
Zappa said:
He's lucky this wasn't in Massachusetts.
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His actions would likely be against the law in most of the states, not just Massachusetts. See Tennessee v. Garner, 471 U.S. 1 (1985).

They were driving away, so they were no longer a threat. Once the threat stops, you have to stop shooting. Or face the consequences.
 
I think that if you don't hit what you're aiming at after 15 attempts, you probably ARE a bigger menace to surrounding homes than the burlgars, and SHOULD be prosecuted for 'reckless endangerment'!
 
Its all the video games and violence on television.

Seriously though, 15 rounds at someone who is running away? This isn't Afghanistan. Someone could have been seriously hurt, presumably this occurred in a neighborhood. At no time could the self defense argument be used here. People like that just make lawful gun owners look bad.

He's lucky he missed. Otherwise they'd be charging him with murder or at least manslaughter. You can't shoot someone if you don't feel threatened.
 
Cherry detained Zsebhazy, while Cordero tried to flee in a vehicle, police said...

...Cherry then fired about 15 rounds at the vehicle. There were no injuries, according to police. After then running from the scene on foot, Cordero was caught in a wooded area.
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I think he disabled the vehicle with one or several of the 15 shots.
 
People like this should not own guns. If someone was robbing my house, there would definitely be a part of me that wants to catch them (catch, not kill). However, as a gun owner, you need to rise above the feelings of revenge. If someone is breaking in and they see my SIG556 staring back at them, I'm willing to bet they're not coming around again.
 
The only problem I see is that he missed. Nice that he's getting charged more than the scumbags who were breaking into his place. [sad2]
 
SecondAmdFirst said:
People like this should not own guns. If someone was robbing my house, there would definitely be a part of me that wants to catch them (catch, not kill). However, as a gun owner, you need to rise above the feelings of revenge. If someone is breaking in and they see my SIG556 staring back at them, I'm willing to bet they're not coming around again.
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They would be back, but after you go out and clean out your gun collection.
 
Fixxah said:
They would be back, but after you go out and clean out your gun collection.
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Well they can try, but considering I have a large, very heavy safe with a great redundant locking system....not really seeing them being successful. Plus it's very rare that both my wife and I are not home. I'm typically working from home all day.
 

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