Man Arrested for Firing into Ground to Stop Burglar

Discussion in 'Second Amendment & Legal' started by G27Hoosier, Feb 21, 2012.

  1. iGlock

    iGlock Lead Farmer

    That really sucks. Trying to do the right thing too.
     

  2. cbrannG23

    cbrannG23 New Member

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    The guy was trying to do the right thing. That's not right
     
  3. SHOOTER13

    SHOOTER13 RETIRED MODERATOR Sponsor Lifetime Supporting Member

    My 2 cents...

    Well...that's just BS!

    Shame on them...
     
  4. Happysniper1

    Happysniper1 New Member

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    That is worse than sad, it is an insult.

    For those wondering, if you are an NRA member (with valid membership) you can seek assistance thru Member Services, for legal issues such as this. That does not guarantee they (NRA) will send a legal team over, but in cases that challenge the Second Amendment and Gun Rights in general, they could help.

    That poor guy was just trying to do the right thing. Yes, a "warning shot" is illegal in most jurisdictions (I am not aware of any where it is legal, but I am not an expert), but then his charge should be nothing more serious than illegal discharge, and with mitigating circumstances perhaps he will be let off, and his weapons returned to him. A single grandfather with 14 grandkids, and they wanna throw the book at him? That's sad.
     
  5. :(:mad::confused::eek:...........................GAY!!
     
  6. Gay?

    Happy or Homosexual? I dont see how this adjective is properly applied.
     
  7. ModernMusashi

    ModernMusashi New Member

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    So.... Let me get this straight, these two men in different parts of the same country do pretty much the same thing (stopping a robber with a warning shot) and one is called a hero and the other is facing jail time, or at the very least huge court fees. Can someone explain this to me cuz its going over my head
     
  8. iGlock

    iGlock Lead Farmer

    Different states, different laws, i guess
     
  9. leb686

    leb686 New Member

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    Beat me to it just about to post this. Complete bs, for doing the right thing.. This country has seriously been turned upside down, luckily obama is fixing everything........
     
    Last edited: Feb 21, 2012
  10. ModernMusashi

    ModernMusashi New Member

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    Yeah, I guess. That just ain't right
     
  11. Happysniper1

    Happysniper1 New Member

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    Yep. As an ammo wholesaler told me just recently: Zombie Apocalypse and Re-election: best things that ever happened for ammo sales :D
     
  12. Kmurray96

    Kmurray96 Well-Known Member Supporter

    That poor guy better not let some putz lawyer talk him into a plea deal. I'd take my chances on a jury trial on this one.

    This is definitely a case of, 'better tried by 12 than carried by 6'.

    Murray's Rules For Going To Jail
    1. If you're stupid
    2. If you can't run fast
    3. If you have a Public Defender or,
    4. If you tell someone what you did...you're going to jail

    But,
    1a. If you're smart
    2a. Can run fast
    3a. Hire your own lawyer and,
    4a. Keep your mouth shut...you'll stay out of jail.

    Been amazed at how many inmates have absolutely agreed with me over 24 years.

    Sounds to me like the poor guy broke rules 1 & 4. Hope he does 3a.

    Wouldn't surprise me to find out he was scared to tell the cops he actually did have an AD and didn't want to look like an idiot.
     
  13. jeremydavis

    jeremydavis New Member

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    This is bull poo. The police should give him a reward for doing there job. I will do the same if you brake in my house. And I'm glad he did that punk kid won't be messing with no one for a while.
     
  14. Happysniper1

    Happysniper1 New Member

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    Not too long ago, maybe late 2010, we had an incident here in town where a person was trying ot break into someone's apartment in broad daylight. The resident grabbed a shotgun to confront the intruder, but fumbled and accidentally let one off into the floor (did not penetrate into the 1st floor), scaring the intruder away. Other residents saw the man running away.

    When the police arrived, they tried to nail the resident with an illegal discharge charge, but the DA (Dick Gammick) dismissed the charge and praised the preparedness of the resident. All charges dropped, record clean, firearms returned to owner.

    Too bad not enough of the USA is this way!
     
  15. I'm sorry, but this made me laugh:

    He should have shot the guy, that is the problem. I hate to be the one, but I have to side with LE a little on this one. Firearms are not supposed to ever be discharged in situations like these except for the preservation of life, and the argument is simply that if you fear for your life then the only option is to fire at the individual, not the ground.

    Should he go to jail? No. But he's an idiot. The burglar could well have had a gone and shot him, and what would he say then? Also he could easily have pointed the gun at him, told him to freeze, and then shot him if he was attacked.

    He is not a cop, and while he can make a citizen arrest he really has no legal right to hold anyone at gun point to keep them there. Perhaps if the man was in his home, but come on guys the criminal wasn't even on his property anymore. He is lucky that aren't looking at this as chasing the guy down, because we all know you cannot follow someone to apprehend them with a firearm if they leave your home.

    He went after a guy on another property, with no conclusive proof of who that person was, discharged a bullet from his firearm under no threat of death, and held a man at gunpoint, again with no real proof, until the cops arrived.

    He had all the right intentions, but went about it all wrong. And had he researched the laws like we all should, he could have handled it much differently.

    So while I feel it should only be a hard lesson for the guy, the cops were right to arrest him. If some guy robs my mom's neighbor I would like to not be shot at next time she locks herself out and I come out of or into a window that same day.

    He's lucky it wasn't me, I would have cancelled Christmas on him the second I heard the gun go off.

    Not always a slam dunk. I know someone who had an AMAZING attorney and still got screwed lol. Public Pretender is always a fail though.
     
  16. Glock35

    Glock35 New Member

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    I live in the town over from this guy, in Rochester. He was let go from all charges. He didn't chase him down, he was carrying at the time he got home and saw his house had been broken into and went to the neighbors to see if they saw anything when he came across him leaving out the neighbors window with stuff in his hands and wasn't the neighbor. Shooting in the ground...not the smartest move. He had the right of protecting himself and his neighbors until the police got there by holding the guy there, since he was obviously breaking the law...according to the article.
     
  17. Happysniper1

    Happysniper1 New Member

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    Hindsight is really wonderful, isn't it?

    In hindsight, I'd have told him to claim it was an accidental discharge (or as we would call it, a negligent discharge, meaning unintentional).
     
  18. Homeboy wont see a second of time.