Man arrested for firing gun into ground to stop burglar

bigfutz

Active Member
Well he would have a strong case against Fox News (or AP or whoever published this article) if his house gets invaded, since they identify him by name and city, then point out that the police siezed all his weapons. OUTRAGED!!! Like when Geraldo revealed the location of the troops he was covering.
 
That is a shame. He does the work the police weren't around to do and look what he gets.

He should have called his lawyer before making a statement.
 

fiundagner

New Member
So, for not shooting a man when he caught him breaking into his home a New Hampshire grandfather has been arrested, had his weapons siezed and is faceing felony weapons charges. Pesonally i think he should have just shoot em, the murder/manslaughter charge would have been easier to beat in court.
 

Enjay

New Member
John Canuck said:
That is a shame. He does the work the police weren't around to do and look what he gets.

He should have called his lawyer before making a statement.
Unfortunately he's probably working with a public defender. Hopefully the gun rights group can get him some real representation.

Fiundagner:
he found that his house had been burglarized, but he caught the guy climbing out of his neighbors window. I don't know the laws in NH but that may make a difference in if they decide to prosecute him.
 
Snip

Enjay said:
Unfortunately he's probably working with a public defender. Hopefully the gun rights group can get him some real representation.
You a probably right. I've said it many times, when you need a lawyer is the worst possible time to try and find one.
 

RyanEOD

Member
John Canuck said:
Snip

Enjay said:
Unfortunately he's probably working with a public defender. Hopefully the gun rights group can get him some real representation.
You a probably right. I've said it many times, when you need a lawyer is the worst possible time to try and find one.
John - Good point and something I have been thinking about, I will start a new thread . . .
 

fiundagner

New Member
Fleming has a logical explanation for his actions, as he told Foxnews.com that ?I didn?t think I could handle this guy physically, so I fired into the ground. He stopped. He knew I was serious. I was angry ? and I was worried that this guy was going to come after me.?
My house, where i keep my firearms, has been burglarized. Thus i am uncertain as to their current disposition. my neighbors house has a burglar climbing out of the window, presumably the same one who just left my house and may be in possession of my firearms. i am in fear for my life and am uncertain of my ability to handle the intruder physically.

" I didn't think I could handle this guy physically...", "? and I was worried that this guy was going to come after me." is a better defense for murder / manslaughter than it is for "reckless conduct". Under the law, they probably have him stone cold for reckless conduct, where as if he had shot at the intruder and missed he may have been covered.

New Hampshire Law
631:3 Reckless Conduct. ?
I. A person is guilty of reckless conduct if he recklessly engages in conduct which places or may place another in danger of serious bodily injury.
II. Reckless conduct is a class B felony if the person uses a deadly weapon as defined in RSA 625:11, V. All other reckless conduct is a misdemeanor.
III. A person convicted of a class B felony offense under this section shall not be subject to the provisions of RSA 651:2, II-g.
Source. 1971, 518:1. 1994, 187:1. 2006, 163:2, eff. Jan. 1, 2007.

by firing a warning shot he notified the intruder that he was in danger of serious bodily harm (being shot), and by using a deadly weapon (a handgun) he made it a felony. i am not saying that law enforcement is correct in prosecuting this case, but it is a solid case if it makes it to court. It would boil down to how the court chooses to define "reckless". not shooting to kill when in fear for your life and safety, or not retreating and calling for law enforcement, could be defined as "reckless"
 
Charges dropped.
Charges have been dropped against a New Hampshire man who captured a man who robbed his home this past weekend.
http://boston.cbslocal.com/2012/02/23/c ... p-burglar/

Close your eyes and say it several times to yourself. "Charges have been dropped against a New Hampshire man who captured a man who robbed his home this past weekend."

Sadly, it looks like the government taught Mr. Fleming a lesson.
Fleming told WBZ-TV Monday he was wrong to take the law into his own hands.
No need to watch out for your neighbors or yourself, just call the professionals and let them handle it.
 
Top