Thursday, February 23, 2012

Bad Shooting in Self Defense-ish Castle Doctrine Case

Sounds to me like the police had this well in hand, and if the intruder was attempting to leave, he was not justified in shooting.  What is NOT in the account that is conspicuously missing, is a reference at any point for this shootist having called the police.  Looks like he went all vigilante violent, on his own.  That is not covered or condoned by Castle Doctrine, and it is not self-defense either.

Another fox news story:

Man arrested after firing warning shot at man suspected of robbing his home

FARMINGTON, N.H. (FOX 25 / MyFoxBoston) - A New Hampshire man arrested for firing a warning shot to scare away an alleged burglar who broke into his home says he's grateful for the support he's received.
Dennis Fleming says he's received support from people not only in his hometown of Farmington, but across the country, as well.
Fleming says he got home Saturday afternoon to find that his house had been broken into. He says he went to check on other neighbors when he saw the alleged burglar jump out a window of one of the homes.
Fleming, armed with a revolver, fired a shot into the ground to hold the man at bay. When police arrived, they arrested 27-year-old Joseph Hebert in connection with the break-ins.
Later that day, police returned to the neighborhood and arrested Fleming for firing his weapon, and charged him with reckless conduct.
"The police explained everything to me," Fleming said. "I just didn't want the guy to get away."
Strafford County Attorney Tom Velardi says he's reviewing the charges to see if it fits with the state's self-defense laws.
Velardi expects to make a decision by Thursday or late Wednesday.


  1. The charge against Fleming has been dropped.

  2. I think he claimed he didn't know it was illegal to do that. If that's true, he should be punished for the ignorance.

    More likely, he did it in an unthinking moment, making him a danger to himself and others.

    A guy like that should not be allowed to own guns.

    1. But Mikeb, to you, that's something like saying that he shouldn't be allowed to have tuberculosis.

  3. Are you kidding me? A concerned citizen wanted to capture a criminal and the citizen didn't even shoot at the guy. And you consider him to be wreckless or dangerous because he shot a warning shot into the ground? This citizen did everything you have asked of armed citizens and you still condemn him.

    And what about dog gone's rants that armed citizens are loose cannons, delusional, too quick to shoot someone, unwilling to use non-violent means? This armed citizen certainly didn't fit that mold.

    1. You can't shoot warning shots. Why do you have such a hard time with that?

    2. You prefer kill shots, do you?