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Man arrested for firing gun while apprehending burglar

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22 February 2012, 02:50
Bobby Tomek
Man arrested for firing gun while apprehending burglar
If this is true, it would make my blood boil.
--

FromFOXNews:

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...rglar/#ixzz1n3hnd7wu


Bobby
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The most important thing in life is not what we do but how and why we do it. - Nana Mouskouri

22 February 2012, 03:34
Norton
Just plain sickening.....chalk another one up for the bad guys. The cops that arrested him should be beaten silly.....as usual, they pout when they perceive a citizen is infringing on their turf.

TAKE OUR COUNTRY BACK!
22 February 2012, 04:05
kudu56
Unreal! Mad What are you supposed to do, let them steal everything, then hope the cops catch them and loose all that was stolen. Hard to have any respect for the law.
22 February 2012, 05:03
DPS
I read it this morning on FOX News. Sad. Really sad.



Doug
22 February 2012, 05:04
larkin
Outrageous! The dismissal of property crimes as important by law enforcement across the country is steadily increasing. Recently the city of Spokane Valley announced the police would no longer investigate thefts of property unless robbery was involved.
This incident reminds me of the English incident of a farmer defending his life from an attacking burglar wielding I believe a fireplace poker. The farmer shot the thug with his unregistered shotgun, probably saving his life but resulting in a prison sentence of decades.
We don't want or need "public servants" whose only loyalties are towards a pension.
22 February 2012, 05:11
Doubless
Welcome to life in Great Britain... Sad to say, folks, but it is coming. Are you ready to fight it?
22 February 2012, 05:57
GA DEER HUNTER
That is outrageous!! I guarantee that if this happened in Georgia, Alabama, or Texas, this man would be a hero. Why is the North East so anti-gun?
22 February 2012, 06:03
Matt Norman
When seconds count, the police are only minutes away!
22 February 2012, 08:48
Eland Slayer
Unbelievable!! I am so thankful I live in Texas...


_______________________________________________________

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22 February 2012, 09:45
sandyhunter
This is what happens when a country moves past its prime. We had a good run, but the bailouts and the election of the current clown marked the beginning of the end. In another decade or two, we'll be a mere shadow of what we once were, just like the UK.

I think this must be the natural course of a society. After fighting like hell and achieving great prosperity, the citizens forget how they got to where they are and start believing that everyone should have such prosperity, regardless of effort. This attitude causes people to excuse criminal behavior and start viewing the bad guys as the victims. Before you know it, it's against the law to defend oneself.
22 February 2012, 10:07
wasbeeman
Has anyone asked the police exactly what was this 61YO man supposed to do? Call the cops? Sure, I'll bet that would work.


Aim for the exit hole
22 February 2012, 14:31
mete
He wasn't defending himself .He returned to his house , got the gun , and looked for the BG.
Warning shots are almost always foolish !! It still stinks.
22 February 2012, 15:12
buckeyeshooter
So, what would have been better --- a shot in the ground and holding the guy for arrest -- or waiting until he got out the window and attacked the guy and shooting him dead?

This arrest is way off base! bsflag
22 February 2012, 16:57
Norton
The lesson here is simple: if you catch someone in the act make sure you shoot to kill.....NEVER fire warning shots.

Although on the surface his arrest is appalling, a precedent where a person is allowed to go home to retrieve a gun, search the neighborhood and fire off a warning shot in a neighbor's yard may just be a bit too much. Don't get me wrong, I'm in favor of burying every one of these scumbags but things could get crazy if other scumbags use this as a precedent. In any case, I bet they quietly let the shooter go with a wink and a handshake (meaning good job).
22 February 2012, 18:50
M16
New Hampshire. The "live free or die" state? What a joke.
22 February 2012, 18:52
OLBIKER
One in the head and get the Backhoe.
22 February 2012, 21:51
wasbeeman
quote:
Originally posted by mete:
He wasn't defending himself .He returned to his house , got the gun , and looked for the BG.
Warning shots are almost always foolish !! It still stinks.

Let's see, he found his house ransacked and spied a guy climbing out of a neighbor's window. His actions seem pretty logical to me. (although I agree somewhat about the warning shot) Why does he have to be defending himself?
Another case of perverted justice. Don't be surprised if the crook doesn't sue him for mental anguish. Live free or die my ass.


Aim for the exit hole
22 February 2012, 22:49
JTEX
The law and police are broken and need to be fixed.

This man should be given an award!


.
23 February 2012, 01:35
Eland Slayer
quote:
Originally posted by JTEX:
The law and police are broken and need to be fixed.

This man should be given an award!


.


Agreed


_______________________________________________________

Hunt Report - South Africa 2022

Wade Abadie - Wild Shot Photography
Website | Facebook | Instagram
23 February 2012, 01:39
Norton
I just spoke with a cop from the town next to where this happened....he says they shouldn't have even charged him (ie. shame on the cops on the scene).

The loser, meth-head burglar has a record as long as his arm.....how many times is too many before we put this type on a work farm for 20 years?
23 February 2012, 02:29
Quintus
I believe the three SSSs apply here - shoot, shovel, and shut up. I'm guessing nobody would look to hard for this loser, if anyone cared he was missing. They should be allowed to hang his head on a pike at the end of the block with a burgler sign and see who has the balls to rob that neigborhood again.
23 February 2012, 03:11
mete
Forget the emotion and look at the facts.
Defending himself or home ? NO he went back to his house , got his gun, hunted down and found the perp, fired into the ground.
He is then the aggressor .fired [reckless endangerment].One source said he was watched by others as he did this.
Yes the system stinks .Career criminals ought to be career inmates.
There are many new gun and CCW people who think that they have a right to do anything they like .Sorry but that's not how it works.
Vote out the career politicians and get new ones who will work for good citizens !
23 February 2012, 17:34
Hawkeye47
So sad that this has become the norm! The Obama -Hillary agenda is to keep us all safe by taking everyone's gun. I would have been like the apprehender if i came home and my house ransacked. I don't know that i would have fired a warning shot but I sure would have been there holding the dude when the cops got there. Even the hard core meth heads in my area say stay away from that Ranch because that old fart will shoot you. Sad but that's better than them hauing off your property.

hawkeye
23 February 2012, 20:35
Slider
That man is a Hero!!!
23 February 2012, 21:52
Norton
Charges dropped! Thankfully, they did the right thing.

http://boston.cbslocal.com/201...gun-to-stop-burglar/
23 February 2012, 23:21
wasbeeman
quote:
Originally posted by Quintus:
I believe the three SSSs apply here - shoot, shovel, and shut up. I'm guessing nobody would look to hard for this loser, if anyone cared he was missing. They should be allowed to hang his head on a pike at the end of the block with a burgler sign and see who has the balls to rob that neigborhood again.


SSS. ROFLMAO. Can you imagine the neighbors coming home and the wife asking, "Honey, what's that pile of freshly dug dirt doing in the middle of our yard?"


Aim for the exit hole
23 February 2012, 23:29
Eland Slayer
quote:
Originally posted by Norton:
Charges dropped! Thankfully, they did the right thing.

http://boston.cbslocal.com/201...gun-to-stop-burglar/


So glad to hear that....perhaps there is hope for this country afterall.


_______________________________________________________

Hunt Report - South Africa 2022

Wade Abadie - Wild Shot Photography
Website | Facebook | Instagram
23 February 2012, 23:30
wasbeeman
quote:
Originally posted by mete:
Forget the emotion and look at the facts.
Defending himself or home ? NO he went back to his house , got his gun, hunted down and found the perp, fired into the ground.
He is then the aggressor!


"HE BECAME THE AGGRESSSOR...." You damned right! If someone thinks they can take my shit, they're gonna find out there is a whole new level of pissed off.
Now the perp will get 3 hots and a cot. He'll be put in some touch-feely re-hab so's when he gets out, it'll take a lot less dope to get him flying. In fact, he'll probably be out before the old man is finished screwing around with the insurance company and the police property department.
I think the old man should have held the gun on him while the neighbors beat him bloody with bats and clubs.


Aim for the exit hole
24 February 2012, 01:15
Ryan Campbell
quote:
Originally posted by wasbeeman:
quote:
Originally posted by mete:
Forget the emotion and look at the facts.
Defending himself or home ? NO he went back to his house , got his gun, hunted down and found the perp, fired into the ground.
He is then the aggressor!


"HE BECAME THE AGGRESSSOR...." You damned right! If someone thinks they can take my shit, they're gonna find out there is a whole new level of pissed off.
Now the perp will get 3 hots and a cot. He'll be put in some touch-feely re-hab so's when he gets out, it'll take a lot less dope to get him flying. In fact, he'll probably be out before the old man is finished screwing around with the insurance company and the police property department.
I think the old man should have held the gun on him while the neighbors beat him bloody with bats and clubs.



+1. My neighbors and I have an agreement to look after each others property when the other is away. In the State of TX, this is full permission to protect your neighbors property as if were your own. It should be this way everywhere.


The Hunt goes on forever, the season never ends.

I didn't learn this by reading about it or seeing it on TV. I learned it by doing it.
24 February 2012, 14:03
buckeyeshooter
gotta love Texas! Glad charges were dropped.
25 February 2012, 19:12
Michael Robinson
Warning shots are a really dumb idea.

Still, firing into the ground is about as non-negligent as a warning shot can get.

Good result in the end, although IMHO the homeowner should not have been arrested in the first place.


Mike

Wilderness is my cathedral, and hunting is my prayer.