Home Forums Hunting & Shooting Hunter's Campfire Homeowner apprehends burglar with fiream and then HE gets arrested

Sometimes you read a story and think "There HAS TO BE more to the story than this." I really hope that is the case here. Also note they confiscated ALL of his arms. I thought NH was "Life free or die"?

http://www.foxnews.com/us/2012/02/2...ter-firing-gun-into-ground-near-burglar/
Crime & Courts - US
New Hampshire man arrested for firing gun into ground while catching suspected burglar
By Joshua Rhett Miller

Published February 21, 2012
FoxNews.com

"I didn't think I could handle this guy physically, so I fired into the ground," Fleming told FoxNews.com.
A New Hampshire man who fired his handgun into the ground to scare an alleged burglar he caught crawling out of a neighbor's window is now facing a felony charge -- and the same potential prison sentence as the man he stopped.

Dennis Fleming, 61, of Farmington, was arrested for reckless conduct after the Saturday incident at his 19th century farmhouse. The single grandfather had returned home to find that his home had been burglarized and spotted Joseph Hebert, 27, climbing out of a window at a neighbor's home. Fleming said he yelled "Freeze!" before firing his gun into the ground, then held Hebert at gunpoint until police arrived.

"I didn't think I could handle this guy physically, so I fired into the ground," Fleming told FoxNews.com. "He stopped. He knew I was serious. I was angry � and I was worried that this guy was going to come after me."

No one was injured in the incident, but when the police arrived, they made two arrests. Hebert was charged with two counts of burglary and drug possession. He faces up to seven years in prison if convicted. Fleming, meanwhile, is scheduled to be arraigned March 20 on a charge of reckless conduct, which could potentially land him a sentence similar to the one Hebert faces.

"I didn't know it was illegal [to fire into the ground], but I had to make that guy realize I was serious," Fleming said. "I've got a clean record. I really don't want to be convicted."

County Attorney Tom Velardi told Foster's Daily Democrat he will review the case and determine if the charge against Fleming is appropriate under the state statutes regarding self-defense and defense of property.

Fleming, meanwhile, is hoping to catch a break.

"I have 14 grandchildren, I don't want to be a felon and go to jail," he said. "I'm kind of wound up about it."

Fleming's collection of seven rifles and a .38-caliber handgun were seized by police. But Fleming said he's not entirely defenseless: "I've got a Louisville Slugger here, but I would call the police," he said.

Calls seeking comment from Farmington Police Department Chief Scott Roberge were not immediately returned.

Penny Dean, a spokeswoman for the Gun Owners of New Hampshire, said her organization is "absolutely outraged" by Fleming's arrest.

"This homeowner fired at the ground, from all accounts, in a safe direction and held a burglar for police and did things correctly," Dean told FoxNews.com. "The fact that this man would be charged is an outrage. Burglars in New Hampshire must know it's open season, since homeowners cannot defend themselves, as evidenced by this case. This is charging the victim."

Rick Pelkey, Fleming's longtime neighbor, said he's now worried how the "straight-forward, working-class guy" will pay legal fees associated with the arrest.

"I think it's outrageous," Pelkey told FoxNews.com. "He did the community a service here. We ought to thank him for it."


Read more: http://www.foxnews.com/us/2012/02/2...-into-ground-near-burglar/#ixzz1n34vKPEx

New Hampshire needs to change the law.

I sure do hope that gets straightened out in his favor, it is just wrong IMHO.

They would have taken my guns.....after the gunfight. This confirms a rule I've always believed....in a conflict involving guns, make sure there is only one side of the story being told when it's over.

Thats utter BS! The cop that charged him needs to rethink how he uses discretion what a effing idiot! 61 year old man against a 27 year old burglar with drugs in his possession sounds like a disparity of force to me? Hope it works out for the old man!

I'm betting this turns out OK for the homeowner, just too bizarre to stand for long.

This is what results from the inmates running the asylum.

I think this should turn out ok.

What needs to happen is that the Police Department be schooled on the law.

Reckless Conduct would be valid if he was just randomly or maliciously firing his gun arbitrarily. He was not doing this. He was defending property.

Thankfully the County Attorney Tom Velardi is going to review the case. He should drop the charges and re-educate his fellow LEO's on the law....

I sent the Farmington PD a note about what I thought about their involvement in the endeavor.

Amen to that.

Live Free or Die.....my ass.

I hope there's an update coming out of this.. Sure would like to know what happens to this guy.

What we need is a lawyer or two to file suit after winning such cases against the officer making the arrest, the department he works for and the city/state that allowed legislation that allowed this arrest.

It seems to me that the arrest and following pursecutuon of the man is an obvious violation of his civil rights. This should be done EVERY time a case is lost by THE GOVERNMENT because it IS a violation of those rights.....and is decided by the courts to be so. this should be punishable criminally as well as civil wise.

It also needs to allow procecution of not only the agencies, but the individuals involved. There should be no such thing as "acting in good faith" because as LEO's are fond of telling civilians....."Ignorance of the law is no excuse".

It should cost you to be stupid.....or deliberately criminal.

And you would have been dead. For what?

Personally, looking at the situation, based upon the limited info shown at this point, as the responding officer, I would have pulled him to the side and said:

A. Good Job.

B. You messed up here, and this is why, but don't worry, I understand your reasoning, I will write it up to reflect such and I am not charging you, as I see no criminal intent.

C. Now go be with your family.


Situations like this are really not too uncommon. Officer discression plays a huge part. One has to look at the totallity of the circumstances and make a judgement call.

If the homeowner is acting like a hot headed Jackass threatening to shoot it out before he will hand over his gun so an officer can begin to conduct an investigation, or an individual who has just been through an overwhelming experience and is a bit shaken up, these things make a big difference as to how a person is percieved.

AMEN Mackay

And I would handle it as you outlined when I was still working.

The police cannot allow folks to deal with criminals on their own, because that's their only justification for existing, thus they make examples whenever they can of folks who do it.

Generalities are stupid. Don't be stupid.

Doesn't read like he was protecting his life or his property, but rather entervening in his neighbors house being buglarized. Thinking the man was the same person that probably burglarized his house is kind of pushing it, if he didn't actually see it. I'd say that it was a good thing that he was able to keep his cool and didn't kill the guy! And while I feel for the guy, I think it was pretty poor judgement on his part, and wouldn't bet on him getting off completely scott free.


Phil

unless there's more to the story as reported, it's a gross injustice of the law.


what is the whole point of the 2nd to keep and bear arms? oh I see just for show, don't defend you or your neighbor's property, that'll get you arrested.


what a f'king joke our country has become


the guy will be fined, if nothing else his attorney's fees to ensure he is INDEED a citizen that's allowed to exercise his 2nd ammendment rights.

hope GOA in NH goes hard after the officer or department whomever is at fault be it bad policy or failure to adhere to good policy.

I'm all for good LE, but not dumbazzery LE.

the guy better have been running around ranting that he's gonna blow the guy's head off to have any legal justification for confiscating all his arms.


what a bullchit police state if otherwise.

can someone tell me why the confiscated his long-guns as well?

ML