New Hampshire man arrested for firing gun into ground

[Parker 213]

http://www.foxnews.c...test=latestnews

 

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."

[BlueLineFish 615]

That sucks. Hope the decide not to charge him. Here he is definitely getting charged since the burglar was already fleeing

[Shocker 151]

Evan Nappen was just talking about New Hampshire on that GFH podcast, where they consider even bringing a gun out as "use of deadly force" much less discharging it.

[Sam02S2K 3]

I'm sure there is more to it

[this_is_nascar 162]

If this is really what happened, that really sucks. Not only is he probably facing legal issues, but they took all his firearms, so the bad-guys know they can come back and f*ck this guy over, since he's now defenseless. What a joke.

[dgstinner 11]

Evan Nappen was just talking about New Hampshire on that GFH podcast, where they consider even bringing a gun out as "use of deadly force" much less discharging it.

I thought of the same thing when I read this story on Fox News. IIRC, it's one of the few times Evan Nappen has suggested a state should follow NJ's example.

[hd2000fxdl 422]

Well in NJ he would be SOL, there he may have a chance, remember it's the Live Free or Die state.

[this_is_nascar 162]

NH man doesn't regret stopping suspected burglar

 

 

February 21, 2012

 

 

FARMINGTON, N.H.—A New Hampshire man who faces a criminal charge for helping to catch a suspected burglar in his home says he doesn't regret firing his gun, but he might do things differently in the future.

 

Foster's Daily Democrat reports (http://bit.ly/wnuiJF) 61-year-old Dennis Fleming of Farmington was arrested late Saturday on a reckless conduct charge. He arrived home to find his house had been burglarized.

 

Police said he spotted 27-year-old Joseph Hebert climbing out the window of a neighbor's home. Fleming yelled "Freeze!" and discharged his firearm into the ground near Hebert. He held him at gunpoint until police arrived. No one was hurt. Hebert was being arraigned Tuesday.

 

Fleming says he knows he broke the law, and might handle things differently next time. He says he should have called police.

 

 

 

Based on him saying this, he probably just screwed himself.

[johnott 5]

NH law... did he draw a weapon... did he fire the weapon... yada yada yada.

- I say in this case, no harm no foul. Let the man go and give him back his guns.

 

Aren't we supposed to be innocent until proven guilty? Would they take all of your cars away if just one of them were involved in an accident? ...Oh that's right, presumption of innocence doesn't apply to gun owners, I forgot. Guns are evil and everyone who owns a gun is suspect.

[this_is_nascar 162]

Here's more of the story, the robber and the video.

 

http://www.wmur.com/news/30505607/detail.html

[bulpup 98]

He could have killed the earth.

[MarkWVU02 47]

He should've called the police. When they showed up 15-20 minutes later he could've given them a description of the guy haha.

[Soju 153]

Being from NH, this saddens me, but does not surprise me at all. NH has some very corrupt and power hungry prosecutors and judges and the police force is generally instructed to simply make arrests rather than be allowed to use their own judgment. It is unfortunate.

 

NH RSA 627:4

 

 

II. A person is justified in using deadly force upon another person when he reasonably believes that such other person:

(b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;

 

II-a. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act.

 

However...

 

 

III. A person is not justified in using deadly force on another to defend himself or herself or a third person from deadly force by the other if he or she knows that he or she and the third person can, with complete safety:

(a) Retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor

 

 

Too bad SB88 didn't pass.

 

Oh wait..it did pass, only to be vetoed by the anti-liberty Governor Lynch...

 

http://www.governor.nh.gov/media/news/2011/071311-sb88.htm

 

Fortunately....his veto was overturned!

 

http://www.gencourt.state.nh.us/legislation/2011/SB0088.html

 

So he must have said he wasn't threatened, because otherwise his actions would be legal.

[RS1200XL 4]

I was all excited about looking for jobs up there after college. I thought the state was far more self defense friendly than this....guess I was wrong.

[Nikos 31]

A .35¢ bullet lodged in the dirt was all that was needed for robber stay put until the police arrived which saved the taxpayers thousands. It also freed up the time and resources required to find the felon if he fled.

 

What an ungrateful bunch of government servants. Man, it doesn't pay to do good deeds anymore.

[tony357 386]

NH law... did he draw a weapon... did he fire the weapon... yada yada yada.

- I say in this case, no harm no foul. Let the man go and give him back his guns.

 

Aren't we supposed to be innocent until proven guilty? Would they take all of your cars away if just one of them were involved in an accident? ...Oh that's right, presumption of innocence doesn't apply to gun owners, I forgot. Guns are evil and everyone who owns a gun is suspect.

 

No you are guilty until you prove your innocence..

[Ian S 22]

Being from NH, this saddens me, but does not surprise me at all. NH has some very corrupt and power hungry prosecutors and judges and the police force is generally instructed to simply make arrests rather than be allowed to use their own judgment. It is unfortunate.

 

NH RSA 627:4

 

 

II. A person is justified in using deadly force upon another person when he reasonably believes that such other person:

(b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;

 

II-a. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act.

 

However...

 

 

III. A person is not justified in using deadly force on another to defend himself or herself or a third person from deadly force by the other if he or she knows that he or she and the third person can, with complete safety:

(a) Retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor

 

So he must have said he wasn't threatened, because otherwise his actions would be legal.

 

The neighbor came home, found his home burglarized and found someone climbing out of his neighbors window. Yes, being the victim of a burglary is a horrible experience and I feel for the guy, but with the information presented, the neighbor who fired a warning shot was never in any way threatened or saw anyone else being threatened. He was not in his dwelling with any concern for his safety from the burglar, the burglar was not on his property.

 

His actions do not fit into any of the justified use of deadly force provisions. He negligently fired into the ground without cause.

 

To be clear, I don't consider firing into the ground to be a safe direction, as was later stated in the article. He had no idea what rocks or metal may have been an inch below the ground and he could have easily caused a ricochet to harm anyone nearby.

 

Yes, for everyone that wants to say he was helping the police, he should have attempted to make a citizens arrest until the police arrived and kept the burglar at a safe distance if he was concerned. He should have gotten a description. If the burglar fled, he should have noted the direction. He should have called the police and given them the information.

 

At no time was he or anyone else threatened, so he had no reason to start shooting.

[Soju 153]

 

 

His actions do not fit into any of the justified use of deadly force provisions. He negligently fired into the ground without cause.

 

 

At no time was he or anyone else threatened,

 

Which is why I quoted and said what I did. Correct.

[johnott 5]

After finding out more details, it appears after Fleming found that his home had been burglarized he got mad, got his gun and went looking for the burglar. He didn't call the cops at all, a neighbor did. Going and looking for trouble is not a good idea unless you suspect someone may be in danger, otherwise wait for reinforcements.

 

IMO the degree of recklessness is debatable. How readily a round may recochet and the lethality may be dependant on a number of things... what type of ammo was used, what angle it was fired at, what was the terrain like etc. We don't know any of those facts.

 

It's odd that the only thing Fleming is charged with is firing his handgun in a reckless manner. Sooo does that mean that if he never fired it, but still held the burglar at gunpoint they would have been o.k. with that? Go figure.

[Ian S 22]

 

 

Which is why I quoted and said what I did. Correct.

 

I really wasn't clear how you interpreted the story and your quotes. By your first and last statement deriding corrupt government and questioning whether he said he was not threatened... It just wasn't clear. If that's what you meant, then I agree with you.

[RS1200XL 4]

Just saw this, looks like they dropped the charges.

 

http://www.wmur.com/r/30524687/detail.html

[johnp 45]

Good news

[hd2000fxdl 422]

Yes, very good news..