New Hampshire man arrested for firing gun into ground while catching suspected burgla - Chicagoland Sportbikes
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post #1 of 23 (permalink) Old 02-21-2012, 03:24 PM Thread Starter
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New Hampshire man arrested for firing gun into ground while catching suspected burgla

Original Article HERE

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/2012/02/21...#ixzz1n3PAl5XZ

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post #2 of 23 (permalink) Old 02-21-2012, 05:55 PM
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So fucking sad. Stories like this make me hate our society sometimes.

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post #3 of 23 (permalink) Old 02-21-2012, 06:18 PM
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So maybe he could have shot into the air to get his point across but it seems like he did a great job. At least he didn't shoot the robber.
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post #4 of 23 (permalink) Old 02-21-2012, 06:42 PM
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post #5 of 23 (permalink) Old 02-21-2012, 09:02 PM
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He probably would've been better off if he shot the guy dead... fucking sad...
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post #6 of 23 (permalink) Old 02-21-2012, 09:54 PM Thread Starter
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Quote:
Originally Posted by Murcielago View Post
So maybe he could have shot into the air to get his point across but it seems like he did a great job. At least he didn't shoot the robber.
Shooting into the air is bad news, you never know where your round will end up, and you are responsible for every bullet you fire.

If he really needed to fire, into the ground was the best option.

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post #7 of 23 (permalink) Old 02-21-2012, 09:58 PM

 
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No worries. A jury of his peers will not prosecute.

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post #8 of 23 (permalink) Old 02-21-2012, 11:38 PM
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In Illinois that would be Aggravated Assault, and a class 4 felony.
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post #9 of 23 (permalink) Old 02-22-2012, 12:20 AM
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He probably would've been better off if he shot the guy dead... fucking sad...
Exactly.

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post #10 of 23 (permalink) Old 02-22-2012, 02:31 AM
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I hope he can sue the police dept and the gov for some money after this is done.. so ridiculous!
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post #11 of 23 (permalink) Old 02-22-2012, 07:42 AM
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No worries. A jury of his peers will not prosecute.
But he still has to pay for representation. I hope he sues the shit out of the police dept and town for this.

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post #12 of 23 (permalink) Old 02-22-2012, 08:31 AM
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That's really sad.


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post #13 of 23 (permalink) Old 02-22-2012, 08:46 AM Thread Starter
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But he still has to pay for representation. I hope he sues the shit out of the police dept and town for this.
With luck the NRA or similar local group will help him in that respect. Hopefully they've reached out to him with legal help...though typically you already have to be a member to receive help from these groups.

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post #14 of 23 (permalink) Old 02-22-2012, 09:05 AM
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You are probably right ...... The NRA will likely help.


Here's hoping


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post #15 of 23 (permalink) Old 02-22-2012, 03:25 PM
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They will. they don't want to miss their chance to be in the light as the good guys.

disgusts me that he was arrested for that crap.
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post #16 of 23 (permalink) Old 02-22-2012, 03:47 PM
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I wonder if its really the cops fault or the district attorney?
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post #17 of 23 (permalink) Old 02-23-2012, 12:05 PM
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So... technically he violated a local ordinance when he fired his gun. Technically the cop needs to acknowledge and cite him for it. Technically he is back at home right now and living as a free man giving interviews with his litter of grandkids. Technically he can get a free public defender to wander into court and get the whole thing thrown out once the context of the case comes to light.

Technically this is a non-issue full of people (including the grandpa) doing the right thing - and following it through the system.

Technically - I am not outraged by this.

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post #18 of 23 (permalink) Old 05-27-2012, 11:44 AM
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post #19 of 23 (permalink) Old 05-27-2012, 11:49 AM
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Quote:
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So... technically he violated a local ordinance when he fired his gun. Technically the cop needs to acknowledge and cite him for it. Technically he is back at home right now and living as a free man giving interviews with his litter of grandkids. Technically he can get a free public defender to wander into court and get the whole thing thrown out once the context of the case comes to light.

Technically this is a non-issue full of people (including the grandpa) doing the right thing - and following it through the system.

Technically - I am not outraged by this.
And technically, he'll have this on his record for rest of his life. Kind of a big deal.
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post #20 of 23 (permalink) Old 05-27-2012, 12:41 PM
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Charges are dropped.

===========
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post #21 of 23 (permalink) Old 05-27-2012, 01:32 PM
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Charges are dropped.
look at the second posts above yours
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post #22 of 23 (permalink) Old 05-27-2012, 05:28 PM
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Ooops.


Charges dropped (thanks for the link)

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post #23 of 23 (permalink) Old 05-27-2012, 08:08 PM
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Damn new hampshireans. Going to the range on Thurs, I'm pretty much the only guy at work without a gun haha

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