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

So, does that mean he's not actually been charged, and this "review" will be seeking a warrant? Is the charge he's potentially facing a felony or misdemeanor?

Based on what I'm reading, he has been formally charged with Reckless Conduct (felony as it's worded at this time). I don't know when the PC hearing will be (if it happens).

Now that CA Velardi has it, there are mulitple options (as you know). He could let it stand, kick it back to down as a Misd. or recommend tanking it.

George

Do officers there not have to screen warrants with the CA?

Negative, though I would take any odds you want to offer that a phone call was made to the on-call ACA while this was in progress (disclaimer: not based on any personal knowledge or conversation with those involved).

Depending on the case I might:
a) just bang out the felony warrant, make the arrest, and send it up to the CA arrigment/PC hearing
b) call the CA's office and "get a ruling" before completing a warrant.
c) throw the case together and simply send it up for indictment
d) arrest on scene (obviously, but wanted to throw it in)

George

Question:

Did the arresting officers not have to have a warrant to go into the mans house and sieze his other weapons? Or was that done presuming that the man was guilty of a felony?

Phil

Still think there must be something more to the story. Is it possible the LE Agency has a policy that prohibits officer discretion?

My guess based on my knowledge of BCs in County is that it was done as a condition of bail.

Jim,
I am unaware of what their internal policies are. That's as far as I'm willing to go on a public forum.

George

Gotcha

Jim,

FWIW, that "reads" a little snippy. No disrespect was meant in the "tone", though I suspect you know that.

George

Didn't take it that way at all. Knew what was up.

Twin,

You know I like and respect you.

BUT...I'm sure glad that "justice" as the left and other left coast see it hasn't evolved throughout middle America.

Here the VICTIM would have been given a medal and a special day in his honor.

I'm glad as all hll I don't live where "justice" has evolved to the extent it has in NY or CA.

L2S

I certainly agree Terry.

But then, "But Fleming said he's not entirely defenseless: "I've got a Louisville Slugger here, but I would call the police," he said." (quote from article). Let's just hope he doesn't strike the bat at the ground if he has to apprehend another burglar.

And, up until a couple days ago, I would have bet the farm it never would have played out this way here. When the actual incident took place "we" were all elated/excited that the homeowner stopped the schithead....then this.

In 13 years, I have never thought twice about putting on my uniform. This isn't my jurisdiction, but just being in the same County as this incident makes me feel.....dirty. I can only hope that the CA makes it right as he can, but it isn't going to fix everything.

I can happen in your AO, so don't go getting too self-righteous. All it takes is a pure "letter of the law" call and voila.

Yeah....give one of the most pro-gun States to England and Australia.......

George

Sounds like a Grand jury needs to be convened.

NH doesn't come off as very Pro-Gun by this, but I hope the rest of the folks there feel as you do. We're outside, looking in, and this fiasco is what we see right now.

If you're pro-gun, England and Australia could use a dose of your Yankee common sense.

I know most of our DAs here, and with the exception of the Clark County DA (Las Vegas), none would touch a hair on the head of the victim.

I'll also eat a little crow in regards to "ratings".

We fall mid-range on the Brady schit-list. The "2 points" that keep us from falling right in with Texas and Wyoming, etc. is the license at point-of-purchase. I was thinking strictly in regards to shall-issue ($10.00), open carry, no wait at point-of-purchase, etc.

I have high hopes for the CCW going the way of the dodo this year....

George

My excuse? Oh, Montana law, I suppose...
45-3-104. Use of force in defense of other property. A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary to prevent or terminate the other person's trespass on or other tortious or criminal interference with either real property, other than an occupied structure, or personal property lawfully in the person's possession or in the possession of another who is a member of the person's immediate family or household or of a person whose property the person has a legal duty to protect. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent the commission of a forcible felony.

History: En. 94-3-104 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-104; amd. Sec. 1645, Ch. 56, L. 2009.

or this one...

49-1-103. Right to use force. Any necessary force may be used to protect from wrongful injury the person or property of one's self, of a wife, husband, child, parent, or other relative or member of one's family, or of a ward, servant, master, or guest.

History: En. Sec. 36, Civ. C. 1895; re-en. Sec. 3606, Rev. C. 1907; re-en. Sec. 5694, R.C.M. 1921; Cal. Civ. C. Sec. 50; Based on Field Civil C. Sec. 33; re-en. Sec. 5694, R.C.M. 1935; R.C.M. 1947, 64-210.

Hey, just a word to the wise...be dang sure of the laws regarding the threat of deadly force where you live.

I always feel better about things after reading one of your posts George. You're right, it could happen around here too.

I hope you get that. Not much chance of it happening here.

It could very well end up going to a Grand Jury if that's what the accused asks for at arraignment. I don't know what your experience is with Grand Juries? Mine is extensive, I can tell you they aren't always the best move for the accused. I can get a true bill on a ham sandwich, remember it's the DA, LE, and twelve people who've been selected for the GJ. All the DA & LE have to show is PC, which isn't difficult.