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What the hell is wrong with America?

Ackbar00

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Ackbar00 Newbie

Ackbar00

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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."

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sol740 Newbie

sol740

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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.

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Archie Newbie

Archie

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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.

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bahd-ler Newbie

bahd-ler

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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.

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iwashmycar Newbie

iwashmycar

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^^ 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.

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1fast5gp Contributor

1fast5gp

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^^ 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.

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TurboNova Newbie

TurboNova

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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.
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TurboNova Newbie

TurboNova

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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.
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