Florida Shooters Network

by **tector** » Tue Feb 21, 2012 6:40 pm

New Hampshire, kind of surprising.

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

New Hampshire man arrested for firing gun into ground while catching suspected burglar

By Joshua Rhett Miller

Published February 21, 2012 | 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."

by **FSUnoles** » Tue Feb 21, 2012 6:49 pm

Amazing.... :ham'r

Hopefully his attorney will have a discussion with the district attorney and get this thing dropped, he should be amended..not charged. I wonder what would of happen if he shot to kill?

by **madman** » Tue Feb 21, 2012 7:23 pm

Live Free or Die,,,just don't fire a gun on your property

by **poloboy821** » Tue Feb 21, 2012 7:58 pm

This is an example of why if you are going to pull a gun , then you use it. If he had shot the guy and killed him he would probably be off the hook (depending on the laws there) instead he shot the ground and is now in jail ](*,)

by **Dave P** » Tue Feb 21, 2012 8:04 pm

Surprising, for NH.

by **Brandon H.** » Tue Feb 21, 2012 8:08 pm

Makes me scared to even carry [-(

by **MikeFL86** » Tue Feb 21, 2012 8:29 pm

Dave P wrote:Surprising, for NH.

They still are up in the Northeast.

Insanity is infectious up there.

by **mjmensale** » Thu Feb 23, 2012 11:30 pm

It appears that public sentiment is on the side of the shooter.

http://www.fosters.com/apps/pbcs.dll/ar ... /702239718

Public sides heavily with Farmington man who fired gun to stop burglary suspect

Which apparently caused the county attorney to drop the charges. =D>

http://www.wmur.com/r/30524687/detail.html

Charges Dropped Against Homeowner Who Fired Gun

by **tector** » Fri Feb 24, 2012 10:33 am

Thanks Moe, great news.

by **thorazine** » Fri Feb 24, 2012 7:49 pm

mjmensale wrote:It appears that public sentiment is on the side of the shooter.

http://www.fosters.com/apps/pbcs.dll/ar ... /702239718

Public sides heavily with Farmington man who fired gun to stop burglary suspect

Which apparently caused the county attorney to drop the charges.

http://www.wmur.com/r/30524687/detail.html

Charges Dropped Against Homeowner Who Fired Gun

Charges dropped...

But I wonder if he received any of his eight firearms that were seized?

Florida Shooters Network

NH man arrested for shooting into ground to stop burglary

NH man arrested for shooting into ground to stop burglary

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Re: NH man arrested for shooting into ground to stop burglar

Re: NH man arrested for shooting into ground to stop burglar

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