Ackbar00 Posted February 28, 2012 Report Share Posted February 28, 2012 http://www.foxnews.com/us/2012/02/21/new-hampshire-man-faces-felony-charge-after-firing-gun-into-ground-near-burglar/?intcmp=obnetwork 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." Quote Link to comment Share on other sites More sharing options...
dover Posted February 28, 2012 Report Share Posted February 28, 2012 He won't be convicted, especially now that it has made national news. Quote Link to comment Share on other sites More sharing options...
Not Brian Posted February 28, 2012 Report Share Posted February 28, 2012 What the hell is wrong with America? We let women have rights Quote Link to comment Share on other sites More sharing options...
FourString Posted February 28, 2012 Report Share Posted February 28, 2012 We let women have rights :lolguy: Quote Link to comment Share on other sites More sharing options...
greg1647545532 Posted February 28, 2012 Report Share Posted February 28, 2012 He won't be convicted, especially now that it has made national news. He hasn't even been charged yet, right? Slow news day in the outrage department? Quote Link to comment Share on other sites More sharing options...
sol740 Posted February 28, 2012 Report Share Posted February 28, 2012 He hasn't even been charged yet, right? Slow news day in the outrage department? Charged or not, he was arrested for doing a better job at catching burglars than the local police. He did the justice system, and his community a favor and was punished on a ridiculous technicality, it is completely deserving of outrage. Quote Link to comment Share on other sites More sharing options...
Archie Posted February 28, 2012 Report Share Posted February 28, 2012 What the hell is wrong with New Hampshire? Fixed. Our founding fathers tried to write the constitution so that the people have the right to defend themselves... essentially elected officials in this state believe that criminals have the right to steal from hard working people. Quote Link to comment Share on other sites More sharing options...
RedRocket1647545505 Posted February 28, 2012 Report Share Posted February 28, 2012 Iirc, you are only justified in giving a warning shot if you are also justified in shooting the person. In this case, he wasn't. Quote Link to comment Share on other sites More sharing options...
bahd-ler Posted February 29, 2012 Report Share Posted February 29, 2012 heard this on 610... So the a week or so ago. Its funny how the police now have two arrests instead of none and act as if its justifiable. The prosecutor will/should drop charges on Fleming. I only caught some of the news report on the radio, but I thought I heard (correct me if I am wrong) that the police were called by Fleming from the start and were not dispatched immediately. My take is, if they would have been this all would/could have been avoided. Quote Link to comment Share on other sites More sharing options...
BigOxley Posted February 29, 2012 Report Share Posted February 29, 2012 What would a CCW instructor say in this case? Quote Link to comment Share on other sites More sharing options...
AJ Posted February 29, 2012 Report Share Posted February 29, 2012 you guys must have missed the update that they dropped all the charges. Quote Link to comment Share on other sites More sharing options...
Spidey2721 Posted February 29, 2012 Report Share Posted February 29, 2012 i hope that this spurs a movement to change the laws in new hampshire. if it doesnt they will leave their people defenseless. oh and i hope he got his guns back. is the update posted somewhere? Quote Link to comment Share on other sites More sharing options...
wnaplay1647545503 Posted February 29, 2012 Report Share Posted February 29, 2012 Nothing will change until people realize the power lies with them despite trying to be convinced otherwise. Quote Link to comment Share on other sites More sharing options...
RedRocket1647545505 Posted February 29, 2012 Report Share Posted February 29, 2012 Iirc, you are only justified in giving a warning shot if you are also justified in shooting the person. In this case, he wasn't. What would a CCW instructor say in this case? See above. Quote Link to comment Share on other sites More sharing options...
iwashmycar Posted February 29, 2012 Report Share Posted February 29, 2012 ^^ That is stupid. Granted I guess we can't all go around firing warning shots either. It's just that if he yelled FREEZE, and the dude came at him we'd have a story about a dead guy.... But come to think of it the old man would have not been charged and the world would be down one scum bag, so maybe the system does work afterall. Quote Link to comment Share on other sites More sharing options...
1fast5gp Posted February 29, 2012 Report Share Posted February 29, 2012 ^^ That is stupid. Granted I guess we can't all go around firing warning shots either. It's just that if he yelled FREEZE, and the dude came at him we'd have a story about a dead guy.... But come to think of it the old man would have not been charged and the world would be down one scum bag, so maybe the system does work afterall. What I don't understand is NH has a stand your ground law. Which is different from the Castle Doctrine that Ohio Has. I guess the police doesn't want the idea of Vigilante justice getting into peoples heads. Glad all the charges were dropped though. Quote Link to comment Share on other sites More sharing options...
ImUrOBGYN Posted February 29, 2012 Report Share Posted February 29, 2012 What a bunch of shit. I'm sure he'll be released but it's ridiculous to have to go through all this stress, etc., especially being an older man. Quote Link to comment Share on other sites More sharing options...
3.1cutlass Posted March 1, 2012 Report Share Posted March 1, 2012 Warning shots are stupid. In this case he should have called the police. Fire a warning shot at somebody in city limits and enjoy your felony. Quote Link to comment Share on other sites More sharing options...
TurboNova Posted March 1, 2012 Report Share Posted March 1, 2012 HMM interdasting. If there was no ordinance for discharging a weapon within city/township limits then I would do that all day here in ohio but I guess its a New Hampshire thing. I am guessing he was not "arrested" more so issued a summons to appear for the charges and then the felony packet or whatever was sent to the prosecutor or grand jury. Stories like these are always disconcerting but I guess we dont know all the facts either. Quote Link to comment Share on other sites More sharing options...
3.1cutlass Posted March 1, 2012 Report Share Posted March 1, 2012 I am pretty sure Ohio has a law against it. I will look into it. Quote Link to comment Share on other sites More sharing options...
TurboNova Posted March 1, 2012 Report Share Posted March 1, 2012 city of columbus has an ordinance for discharge in city limits its a misdemeanor. each city is different. Im not sure what reckless conduct is? Here that may equate to disorderly conduct, I guess I would need to see the elements of the crime on paper. Quote Link to comment Share on other sites More sharing options...
3.1cutlass Posted March 1, 2012 Report Share Posted March 1, 2012 It is pretty vague. i wouldn't risk it. http://codes.ohio.gov/orc/2923.162 Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.