This story makes my blood boil!

[Volphin]

http://www.foxnews.com/us/2012/02/21/new-hampshire-man-faces-felony-charge-after-firing-gun-into-ground-near-burglar/?intcmp=obinsite

[Mike.357]

If the man was scared for his life he should have shot the burglar.

Warning shots show you are not afraid for your life.

I suppose the same thing would happen here in TN if you discharged a gun inside city limits, but in the county not so much.

[Lumber_Jack]

I agree with mike that he shouldn't have pulled the trigger. A fleeing burglar cannot be shot. You just have to let him go.

But I also agree with the OP, the story makes my blood pressure rise as well. They seized his guns and he faces up to 7 years in prison. At the most it should be a simple misdemeanor. People are far more reckless with their cars on a regular basis with no such recourse.

[chances R]

That's why it is best never to say a word until you speak to your attorney; especially in this crazy world.

[peejman]

[daddyo]

If the man was scared for his life he should have shot the burglar.

Warning shots show you are not afraid for your life.

I suppose the same thing would happen here in TN if you discharged a gun inside city limits, but in the county not so much.

Warning shots also indicate to the BG that you aren't serious.

[Makiaveli]

Sounds like in this case it convinced the BG that the homeowner was serious. He stopped fleeing didn't he?

Also, not tracking the logic that a warning shot shows you aren't afraid? From reading the story he wanted to stop the BG and yet was worried he couldn't handle the guy physically.

Take this for example...a guy built like a linebacker and armed with a bat is getting out of his vehicle saying he is going to kill me. Are you saying that if I fired into the ground and then shot him when he continued to advance that I should be found guilty of murder? Bear in mind I am north of 40 and built like the IT/computer geek that I am. Seems to me that one should take any and all REASONABLE options prior to the use of deadly force. if a warning defused the situation, isn't that preferable? Note I said reasonable, if he was 10 feet from me and charging that is different.

[daddyo]

Why waste a round?

[Pain103]

The burglar was at a neighbor's house not his so what fear did he have?

[Makiaveli]

The burglar was at a neighbor's house not his so what fear did he have?

His house had just been burglarized, and he sees a guy crawling out a neighbor's window. Seems likely the two are connected, and since burglars have been known to kill witnesses, I think fear is reasonable in this case.

I know I would be in fear in those circumstances, at least in a legal sense.

[EastHipster]

If the Burglar was running TOWARDS him and he fired a warning shot he would have likely been ok.

Shooting just to get someone's attention is going to get you in trouble.

[Guest 6.8 AR]

C'mon now! This took place in New Hampshire. Now where is this located?

A lot of things can go wrong up north with their quite

liberal sets of laws. I hope this guy doesn't get

prosecuted along with the perp. That would be bad!

Sent from my iPhone using Tapatalk

[MattCary]

"Live free or Die" my ass.

[Mr. Brooks]

I don't have the link handy but I read that the charges against this guy were dropped.

[MattCary]

I don't have the link handy but I read that the charges against this guy were dropped.

Hope so. Shouldn't have been arrested in the first place.

[billyscott]

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.

http://www.fosters.com/apps/pbcs.dll/article?AID=/20120223/GJNEWS_01/120229794/-1/fosnews

[Volphin]

Yep, charges dropped. Maybe there is some hope for this world after all.

http://www.myfoxboston.com/dpp/news/local/charges-against-man-who-fired-warning-shot-at-man-suspected-of-robbing-his-home-dropped-20120223

[TMF]

Good. Whether he was justified or not, sometimes people react poorly when being victimized by scum. He's a law abiding citizen with no record; glad to see this work out for him.

[Guest Kamikaze]

Quote from the article:

"Fleming says he took his 38 millimeter, and went looking for the suspect, whom he found burglarizing his neighbor's home."

Holy Crap! No wonder the burglar stopped dead in his tracks. The report from that hog leg must have been deafening. I would like to see the hole in the ground it made.

[Guest FHTMcrt]

Good outcome. I'll bet, though, that someone has had a talk with him and suggested alternative actions should the situation ever arise again.

[Makiaveli]

Quote from the article:

"Fleming says he took his 38 millimeter, and went looking for the suspect, whom he found burglarizing his neighbor's home."

Holy Crap! No wonder the burglar stopped dead in his tracks. The report from that hog leg must have been deafening. I would like to see the hole in the ground it made.

LOL missed that. Wow I know what's on my Xmas list this year!!!!

[Guest peacexxl]

His house had just been burglarized, and he sees a guy crawling out a neighbor's window. Seems likely the two are connected, and since burglars have been known to kill witnesses, I think fear is reasonable in this case.

I know I would be in fear in those circumstances, at least in a legal sense.

Reasonable maybe, but there was no eminent danger.

We have to be responsible and not come off as trigger happy lunatics, especially when we are justified.

[Guest cardcutter]

I bet ya he never gets his gun back.

[Makiaveli]

Reasonable maybe, but there was no eminent danger.

We have to be responsible and not come off as trigger happy lunatics, especially when we are justified.

If you are in fear, then by definition you believe there is eminent danger. Else you wouldn't be afraid. If we agree his logic was reasonable, then his fear was justified.

[waterchicken]

Maybe he should use bottle rockets next time...