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The police did nothing to prevent the robbery of Dennis Fleming’s home in Farmington, New Hampshire, or to catch the burglar – but they may succeed in sending the 61-year-old grandfather to prison for using a handgun to apprehend the man suspected of several local break-ins.
On February 19, Fleming discovered that his home had been robbed. Spying a suspicious-looking man with a backpack, Fleming grabbed his handgun and strode off in pursuit.
Shortly thereafter, Fleming heard a loud crash and saw the same suspicious man jumping out of a neighbor’s rear window. Holding out his handgun, Fleming ordered the intruder to freeze, firing a single round into the ground. He detained the suspect until the police arrived.
The suspect, 27-year-old Joseph Herbert, was found to be in possession of a number of stolen items, including antique watches and silver coins. There is evidence that the same suspect had been involved in a string of robberies elsewhere in town.
A few hours later, Fleming called the police to find out if the suspect had been released on bail. To his amazement, Fleming discovered that he because he had harmlessly discharged his firearm into the ground, he was going to be charged with reckless conduct – a Class B felony that could result in a prison sentence of the same length confronted by the robber he had detained.
“I didn’t think I could handle this guy physically, so I fired into the ground,” Fleming told a local Fox News affiliate. “He stopped. He knew I was serious. I was angry … and I was worried that this guy was going to come after me.”
If Fleming had been wearing a government-issued costume, he could have justified shooting the suspect – or even an innocent bystander — in the name of “officer safety,” without facing criminal charges. Furthermore, New Hampshire’s recently expanded “Castle Law” recognizes that Fleming – like all other citizens of the Granite State – has an unqualified right to armed self-defense. As Judge Andrew Napolitano points out, Fleming’s action reflects a “uniquely American way to protect his property and to protect his neighbor’s property.”
Originally posted by sageofmonticello
reply to post by AnarchoCapitalist
I feel very sorry for Dennis Fleming. My hopes are that when this goes to court the Judge will dismiss it immediately and his home town will give him a medal for risking his own life to protect his community.
This is a sad state of affairs. There was a time when it was thought that police were the second line of defense and that it was the responsibility of each american to protect his property, life and the property and life of his neighbors.
The courts have ruled that the police are under no obligation to protect you yet when we protect ourselves stuff like this happens. I understand the police don't want people going around playing cops and robbers but seriously, this man is a hero. Things like this are becoming far to common.
Originally posted by gunshooter
well it seems that we have no shortage of people playing robbers. Now if real cops would just start acting like real cops we wouldnt have to be playing cops.
Originally posted by gunshooter
well it seems that we have no shortage of people playing robbers. Now if real cops would just start acting like real cops we wouldnt have to be playing cops.
Originally posted by rickymouse
If everyone was like him we wouldn't need the police force, they would just be a taxi service and loose their power. This kin of activity does not protect the police departments needs.
On the other side of it the police may have shot the old guy if they responded because they would have seen a man with a gun at a crime scene. He could have shot a gas line in the ground causing a problem. What he did worked. I think the judicial system will regret their decision in the long run for charging him. If they don't drop the charges this will cause a nationwide change in peoples attitude towards our judicial system. It's already done but the publicity of a trial will cause Kaos (Get Smart 60s) to occur
Originally posted by rickymouse
reply to post by AnarchoCapitalist
You and I see things differently and that's all right. We both see a problem but you see a problem with no possible solution other than getting a new system. I tend to look at possible solutions that don't promote chaos.
link
The county attorney's office is dropping charges against a man who tracked down a burglary suspect and held him at gunpoint until police could arrive.
"The facts available at the scene on Saturday supported the charge of felony reckless conduct, but subsequent facts discovered since have led me to believe that such a charge under these circumstances would be unjust," the Strafford County attorney said in a statement.
Originally posted by caladonea
Unfortunately according to the law...he did wrong.