Not the New Hampshire I remember

[DGF]

Crime & Courts - US
New Hampshire man arrested for firing gun into ground while catching suspected burglar
By Joshua Rhett Miller
Published February 21, 2012
| FoxNews.com
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Foster's Daily Democrat
"I didn't think I could handle this guy physically, so I fired into the ground," Fleming told FoxNews.com.
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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Read more: http://www.foxnews.com/us/2012/02/21/new-hampshire-man-faces-felony-charge-after-firing-gun-into-ground-near-burglar/#ixzz1n2uaFkV4

[Solus]

It's understandable. 

If people start handling this kind of thing on their own, the importance and ultimate power of the police will be lessened.

Have to nip this kind of behavior in the bud.

[tombogan03884]

He was between 2 houses, Farmington PD aren't the sharpest tacks in the box, they are just covering their asses.
If Penny Dean is on his case it will come to nothing.
I could tell some stories, I went to school or was in the Guard with most of those pin heads.

[tombogan03884]

UPDATE

http://www.unionleader.com/article/20120223/1NEWS/702239945&source=RSS

Charges dropped against Farmington man who detained alleged burglar

Home » 1NEWS
Charges dropped against Farmington man who detained alleged burglar
By JOHN QUINN
Union Leader Correspondent
Published Feb 23, 2012 at 11:08 am (Updated Feb 23, 2012)
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New Hampshire



DOVER — After reviewing the evidence, Strafford County Attorney Tom Velardi decided to drop the felony reckless conduct charges against a Farmington man who apprehended a burglar Saturday.

A warrant was issued for Dennis Fleming, 61, after he fired his .38 caliber handgun once into the ground while apprehending Joseph Hebert, 27, of 70 Bunker St., Farmington, who was later charged with possession of Vicodin and two counts of burglary.

Herbert allegedly broke into Fleming’s home, took several items and headed to a neighboring home Saturday afternoon. Fleming noticed Herbert when he was walking down the street and later spotted him allegedly coming out of a neighbor’s window. Fleming fired the shot as a warning and detained Herbert until police arrived.

“My review of this situation was based on the circumstances under which the shot was fired and whether other citizens were placed or may have been placed in danger of serious bodily injury. 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,” Velardi said in a news release.

Fleming could not be reached for comment this morning.

While he was anxious about being sent to prison, Fleming said earlier, he was overwhelmed by the support of his neighbors and from calls from around the state and country.

Velardi reminded area residents to  handle and use firearms responsibly, even in cases of self-defense. He added, “Firing a ‘warning shot’ around or near other people or dwellings can result in police involvement or even a criminal charge.”

Velardi stressed that residents who witness a crime or see inappropriate behavior should contact police.

“Ultimately, citizens should forego direct involvement in the apprehension or detainment of suspected criminals,” Velardi said in the release.

[Timothy]

Good!

[Sponsor]

[Solus]

The man acted responsibly and with restraint.

It's a shame the Law Enforcement Officers took their title literally and saw a law and enforced it.....again literally.  Maybe if Peace Officers has been on the scene they would have, instead, seen a citizen who did his best to ensure the Peace, with both his actions and intent.

A criminal was apprehended and a crime stopped with a responsible and reasonable show of force encouraging the criminal to comply peacefully.  Future crimes that the offender may have committed have been curtailed, assuming the legal system doesn't wimp out.

The citizen should receive The Honorary Peace Officer of The Month Award.....but I guess he'd make a lousy Law Enforcement Officer.

[crusader rabbit]

It's a good and just result that the charges were dropped.  But, I did not see that he had his guns returned to him.  Is additional information forthcoming?

Crusader

[DGF]

At the very least the Chief of Police should shake his hand and maybe buy him a beer.

[tombogan03884]

It's a good and just result that the charges were dropped.  But, I did not see that he had his guns returned to him.  Is additional information forthcoming?

Crusader

Probably just not mentioned by the reporter.
I doubt it

At the very least the Chief of Police should shake his hand and maybe buy him a beer.

That ain't going to happen, by getting the charges dropped he made the Chief look like an ass for charging him in the first place so he will need to be very careful about his speed and make sure all his lights work and so on.

[Big Frank]

I guess he should have just shot the burglar rather than fire at the ground. Maybe he wouldn't have been charged with anything.