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"
