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#60 - parcedon (03/31/2014) [-]
"A New Hampshire grandfather has been arrested and is facing a possible prison sentence for firing a shot into the ground and holding a burglar at gunpoint until the cops could arrive. Dennis Fleming, 61, came home on Saturday night to discover that his home had been robbed. He saw the burglar, Joseph Hebert, 27, climbing out of his neighbor’s window. Mr. Fleming yelled, “Freeze!” and fired a shot into the ground before holding the crook at gunpoint."
"we are talking about a 61-year-old man versus a 27-year-old man. Fleming did the math on that one himself."
He told FoxNews:
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.
The charges were eventually dropped as the state couldn't make up enough bullshit to convict him, but he still had to spend time in jail while waiting for the trial
#62 - thelastamerican (03/31/2014) [-]
It's not surprising. You can't shoot at someone who's running away. They're not a threat to you, and they aren't threatening anyone else. I can clearly see why he was arrested for this. I understand that in this case he was just being a good neighbor, but the law is still twisted against him.
#63 - parcedon (03/31/2014) [-]
Nowhere did I say that he was running away as far as the press release I quoted goes:
""A New Hampshire grandfather has been arrested and is facing a possible prison sentence for firing a shot into the ground and holding a burglar at gunpoint until the cops could arrive. Dennis Fleming, 61, came home on Saturday night to discover that his home had been robbed. He saw the burglar, Joseph Hebert, 27, climbing out of his neighbor’s window. Mr. Fleming yelled, “Freeze!” and fired a shot into the ground before holding the crook at gunpoint."
He was likely within 21 feet and facing the perpetrater, which constitutes a lawful use of self defense if he had a weapon on his person.
#65 - thelastamerican (03/31/2014) [-]
I didn't say he was wrong to hold the guy there until the cops arrived. I just said I can see why he had some legal trouble. And they guy was climbing out his NEIGHBORS window. I don't know how close houses are in New Hampshire, but houses in my neighborhood have a sizable gap between them. I wasn't there though, and I didn't/won't be reading the case files, so I can't draw an accurate conclusion.
#42 - parcedon (03/31/2014) [-]
You shoot someone to wound instead of kill and you are getting charged with assault w/ a deadly weapon as you were not "in direct fear for your life." He should have shot him center of mass the moment he turned towards him as he was well within the magical 21 feet margin.
#105 - firereadyaim (03/31/2014) [-]
sounds like a good way to get charged with something. if youre using a firearm you shoot to kill. always. I know in a perfect world you could "just shoot him in the leg or arm" but thats how you get yourself in jail. I have a lot of cop freinds and they all say the same thing. If theres someone in your house and you're going to shoot him, first make sure hes facing you, then empty the magazine into him. When the judge asks you why you shot him 8 times you say becuase you only had 8 bullets.
Obviously all of that wouldnt be neccesary in this specific case but I'm talking about using a firearm to defend your own house while you're in it. It would also be very different in different states.
#142 - psykobear (03/31/2014) [-]
But that's the actions of a person with a mental disorder or someone easily scared. Human life is sacred, and ending it shouldn't be taken lightly. I would rather serve some time in jail for some bullshit charge than outright kill someone when my own life is not in danger. That is always a last resort, always.
#53 - roninneko (03/31/2014) [-]
All the time. A firearm is by definition a "deadly weapon", only to be used in a situation in which you must meet lethal force with lethal force. The logic basically runs as, "If you were in a safe enough situation that you didn't need to kill, you shouldn't have fired in the first place." So yes, shooting someone in the leg is considered assault and you will get fucked.
Either you don't pull the trigger, or you pull to terminate with extreme prejudice. And in most home invasion situations, it is safer for you to shoot first and ask questions later; are you going to take the chance that they are packing heat too, can move really fast, or are really good at throwing blades? No; they've already violated your personal property, and that is enough to assume that they have zero qualms about fucking you up, too.
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