Updated: Farmington man speaks out after charges dropped for firing his gun into the ground(NH)

fosters.com ^ | 23 February, 2012 | NA

[marktwain]

FARMINGTON — County Attorney Tom Velardi dropped all charges Thursday against the local man who fired a gun into the ground while stopping an alleged burglar last weekend, calling him an “upstanding member of the community for 61 years.”

Dennis Fleming, 61, of 53 Ten Rod Road was arrested Saturday and charged with reckless conduct after he fired his .38 caliber hand gun into the ground in an attempt to stop Joseph Hebert, 27, of Bunker Street, after seeing the man coming out of a neighbor's window. Fleming was looking for the man after finding that his own home had been broken into that afternoon.

After days of public outcry against the charges from the community and around the nation, Velardi announced that the charge against Fleming would be dropped, saying that after further investigation the circumstances surrounding his actions did not support the felony charge and saying that to charge him with reckless conduct would be “unjust.”

Velardi said Thursday that he reviewed all of the evidence provided by Farmington police himself and that he and an investigator went to the scene of the incident Wednesday morning to look around. They found no evidence that a shot from Fleming's gun had hit any nearby residences, nor came close to putting anyone in danger of bodily injury, he said.

The county attorney also visited with Hebert, to get his side of the story, saying that his and Fleming's stories were “entirely consistent.”

“I assigned this case to myself because I realized what was at stake here,” Velardi said. “I take charging someone with a felony very seriously.”

Velardi said he called Fleming's attorney, Alfred Catalfo III, who offerred to represent the man free of charge, first thing Thursday morning to let him know the charge would be dropped.

For Fleming, who was in his attorney's office when the call came in, that news meant the end to a very long several days.

“I didn't realize how much stress I was under until I got that call,” he said. “I feel 100 pounds lighter than I did this morning.”

Fleming said he was surprised to hear the charge had been dropped so quickly, but said he was appreciative of the county attorney's attentiveness to the case.

“I'm thrilled,” he said Thursday afternoon, sitting in the Strafford Superior Courthouse with his lawyer. Cataldo agreed, and said he thought the right decision was made regarding the case.

“I really think that when you've got someone who hasn't been in trouble, never had his Miranda Rights read to him...he really did the right thing,” he said. “I don't think it was reckless conduct.”

While the stress of being charged may now be gone for Fleming, he said having the support of so many people from across the country — Foster's alone received over 100 emails and phone calls about the case-- did a lot to keep him going.

“I want to thank them,” Fleming said of the individuals who called him to share their support. “Thank you from the bottom of my heart.”

EARLIER STORY : County attorney drops charges against Farmington man

DOVER — A reckless conduct felony charge has been dropped against Dennis Fleming for shooting his gun while subduing a burglar in his neighborhood in Farmington.

Strafford County Attorney Tom Velardi said no other charges will be forthcoming. Velardi said that after the completion of an investigation into the case the charges would be "unjust" given the circumstances.

Full Press Release

More details soon.

[marktwain]

Charges should never have been considered. Velardi correctly bent to public pressure. Fleming should be given a medal.

[Seaplaner]

County Attorney Tom Velardi is nonetheless a weasel's weasel, and should be removed by the voters at their earliest election.

.

[DemforBush]

I agree 100%. It’s absurd that this guy was ever facing any sort of legal jeopardy.

[paulcissa]

I agree 100%. It’s absurd that this guy was ever facing any sort of legal jeopardy.

Our overlords have no shame.

[bunkerhill7]

If you run from a cop, they can legally shoot you in the back,

but shoot dirt, and you`re a felon.

What a crock of !!

[maranatha]

The basic investigation that was done following public outcry should have been done before charges were filed. The citizens should not let this drop; this man suffered an arrest. Not only a public apology from everyone involved should be given now but someone in the police department and in the county attorney’s office should be fired or reprimanded and punished. Their jobs are to protect and serve the citizens.

[nvscanman]

Yep.....charges should not have been made to start this
nightmare. But the DA being the political animal that he
obviously is makes his decision based on how the public
percieves him and his actions, not based on whether they are legal or not.

[GladesGuru]

“I really think that when you’ve got someone who hasn’t been in trouble, never had his Miranda Rights read to him...he really did the right thing,”

What! False arrest AND no reading Miranda?

Sue the BACHELOR’S CHILDREN! ! !

[flat]

' 'Charges should never have been considered'

As a concerned environmentalist i think the real problem arose from the Environmental Protection Agency's concern regarding the perpetrator's purposeful injection of lead, a known toxic substance, into the soil. This is of considerable inport because of the concern which always and everywhere arise when toxicity threatens the health of our national chillrens....see..? To tell you the trudt i, personally do not know how anyone be he man, woman or child could possibly help but be concerned when the health of chillrens vis-a-vis toxicity is concerned. It's disconcerting. any comments? i yield the balance of my time....

[donmeaker]

they do have shame, which is why charges were dropped.