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New Hampshire man arrested for firing gun into ground while catching suspected burglar
foxnews.com ^ | February 21, 2012 | Joshua Rhett Miller

Posted on 02/21/2012 4:09:20 PM PST by Repeal The 17th

Dennis Fleming, 61, of Farmington, New Hampshire,
who fired his handgun into the ground to scare an alleged burglar...
is now facing a felony charge...

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...

...when the police arrived, they made two arrests.
Hebert was charged with two counts of burglary and drug possession...
Fleming 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...

Fleming's collection of seven rifles and a .38-caliber handgun were seized by police...

(Excerpt) Read more at foxnews.com ...


TOPICS: Extended News; News/Current Events; US: New Hampshire
KEYWORDS: armedcitizen; banglist
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To: OneWingedShark

Even quick “dear Lord, help me with this” prayers count. A lot. The Holy Spirit is busy filling in the meaning with groanings that are deeper than any words the most eloquent sermonist could come up with.


61 posted on 02/21/2012 10:44:53 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: HiTech RedNeck
If the shooter had only detained the burglar until police arrived and not fired his weapon (without being in reasonable fear of bodily harm), there would have been no cause to file a charge against him.

In this case, even though the man technically violated a "reckless discharge" statute, the police should have just let it go, unless someone else in the neighborhood complained (a ricochet might have gone through someone's window, for example). A verbal warning would have sufficed. I really hope they drop the charges.

62 posted on 02/22/2012 4:54:00 AM PST by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: Repeal The 17th
Here is the county DA’s website. I read in another article or comment to an article that the DA advised the police to go ahead and arrest the victim.

http://www.co.strafford.nh.us/amessagetovictims_attorneys.aspx

“If you are a victim of a crime, we want to be sure that you are not revictimized by the system. If you are a witness to a crime we want you to feel proud to have performed your civic duty and not feel as though you have wasted your time.”

Sincerely,
Tom Velardi
(DA of Strafford Co., NH)

63 posted on 02/22/2012 9:04:53 AM PST by A. Patriot (Have we lost our Republic? Do the majority of Americans care?)
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To: warsaw44
Ten years ago this would never have happened in New Hampshire.

Never.

A good friend of mine who lives in New Hampshire says that Southern NH has become Northern Massachusetts.

64 posted on 02/22/2012 9:10:05 AM PST by A. Patriot (Have we lost our Republic? Do the majority of Americans care?)
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To: E. Pluribus Unum
"Warning" shots endanger innocent bystanders and expose you to legal repercussions for no particular purpose.

Carelessly-fired warning shots endanger innocent people, true. On the other hand, if the person would have been legally entitled to e.g. shoot a plastic soda bottle which was sitting at the spot on the ground where his bullet hit (which would have been permissible in many rural areas, but forbidden in many urban areas), the fact that the sight of him shooting that area of the ground might disturb a burglar should not change the legality of his doing so. Suppose, for whatever reason, the guy had a bullet-catching device on his porch (similar to the ones some gun repair shops use for functional testing when accuracy is not a concern) and had fired into that, such that he was basically using the gun as a noisemaker. Should that have been illegal?

65 posted on 02/22/2012 3:55:49 PM PST by supercat (Renounce Covetousness.)
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To: supercat
Suppose, for whatever reason, the guy had a bullet-catching device on his porch (similar to the ones some gun repair shops use for functional testing when accuracy is not a concern) and had fired into that, such that he was basically using the gun as a noisemaker.

Did he have one?

That's the only relevant question.

66 posted on 02/22/2012 5:30:07 PM PST by E. Pluribus Unum (Government is the religion of the fascists.)
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To: supercat
The Innocent bystanders are more likely to be run over by a police car on a donut run than this solid citizen who apprehended a thief in the act.
67 posted on 02/22/2012 5:36:22 PM PST by wmileo
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To: Repeal The 17th

If you have any desire to weigh in on this with local authorities the first comment in this news article lists phone numbers.

http://www.unionleader.com/article/20120222/NEWS03/702229948/-1/NEWS


68 posted on 02/23/2012 7:33:20 AM PST by apoliticalone (Honest govt. that operates in the interest of US sovereignty and the people, not global $$$)
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To: APatientMan

The full version of that is the first quote on my FR profile page.

This chief of police and the local prosecutor need to be tarred and feathered by the local citizenry.


69 posted on 02/23/2012 7:58:45 AM PST by FreedomPoster (Islam delenda est)
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To: FreedomPoster

Isn’t New Hampshire the “Live Free or Die” State?


70 posted on 02/23/2012 3:17:03 PM PST by wmileo
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To: FreedomPoster

No tar and feathers, but ‘heat’ was applied from all across the country, and the county attorney has dropped the felony charge...


71 posted on 02/23/2012 3:22:24 PM PST by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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To: wmileo
UPDATE: ALL CHARGES DROPPED.
72 posted on 02/23/2012 3:28:16 PM PST by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: andy58-in-nh
Working link: ALL CHARGES DROPPED.
73 posted on 02/23/2012 3:30:28 PM PST by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: andy58-in-nh
WMUR story
74 posted on 02/23/2012 3:35:11 PM PST by Jim Noble ("The Germans: At your feet, or at your throat" - Winston Churchill)
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To: who knows what evil?

All too often DAs represent one of the weakest links and biggest threats to the USA criminal justice system because they make decisions not by testimony or law, but by whim, and by the seat of their pants.

A DA should be required to provide a detailed written brief and synopsis on their rationale for charges (or release) in view of the circumstances, evidence, and history of the defendant.

Their reasoning to put any defendant and the public through hell should be fully documented so that it can be either substantiated or discredited later. This BS of an elected public servant deciding only on whim the future of citizenry is nonsense. They need to fully justify it.

BTW just as important this should apply also to law enforcement facing or being released from charges too. They need to have detailed documentation on their decisions.


75 posted on 02/23/2012 5:42:54 PM PST by apoliticalone (Honest govt. that operates in the interest of US sovereignty and the people, not global $$$)
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