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etc. - a little of this, a little of that - by Oliver Del Signore


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Archive for February 22nd, 2012

 

NH man captures burglar at gunpoint and gets charged with a felony

Wednesday, February 22nd, 2012

For many years, now, I’ve lamented the conversion of local police officers into Law Enforcement Officers, aka LEOs. (Don’t you just love the acronym, how it makes them sound fierce.)

The police I remember as a youth behaved as police. They knew the difference between a crime and something stupid, between reckless endangerment and a warning. That’s not so anymore, at least not in this part of the country. Cops behave like robots — see crime, arrest and charge, regardless of circumstances. Take the case of Dennis Fleming. You might expect this to have happened in The People’s Republic of Massachusetts but you’d be wrong. LEO lunacy has spread to the Live Free or Die state of New Hampshire.

Farmington homeowner doesn’t regret firing gun: Though he might take different approach to stopping burglar in future

Farmington resident Dennis Fleming has been charged with Class B felony reckless conduct for firing his gun into the ground while apprehending a burglary suspect who is accused of breaking into his home and a neighbor's on Saturday.

FARMINGTON — While he may be facing a felony charge, Dennis Fleming said he does not regret firing his gun Saturday when he stopped and detained a burglar who had entered his home and at least one other on Ten Rod Road.

Still, the 61-year-old grandfather of 14 said he might go about stopping the burglar a little differently next time.

“I should have called police and I recommend that everyone does,” he said. “That aside, I’m glad I caught him.”

Fleming was arrested late Saturday night after turning himself into police and charged with felony reckless conduct, alleging he put others at risk of serious bodily injury when he discharged his firearm into the ground near 27-year-old Joseph Hebert in a residential area where people had gathered to watch the ordeal unfold.

Though shots were fired, no one was injured. Fleming was released on personal recognizance bail soon after his arrest.

Click Here to read the rest of the story.

The good news here is that the County Attorney, Tom Velardi, is making noises that indicate the charge will ultimately be dropped, unless they decide to make Fleming plead guilty to some bogus lesser charge to keep the conviction rate up.

But why was Fleming arrested in the first place?

When the cops showed up and learned he fired his weapon into the ground, that should have been the end of it. Had he fired it near the burglar or into the air, then there was reason to claim “he put others at risk of serious bodily injury” and charge him with reckless endangerment. But he did not. He did the right thing, the smart thing, the brave thing, and could be facing up to seven years in prison if the charges are not dropped.

That is complete madness.

What do the cops think he should have done? Let the burglar walk away while he called them so they could show up an hour later and take a statement? Should he have waited for the burglar to charge at him so that he’d have to actually shoot, and possibly kill the guy?

Given the circumstances, what happened was the absolute best outcome and the Farmington police say he’s a felon? Well, I say he’s a hero and I’m happy to hear that most of his neighbors think so too.

What do you think?

Was Fleming reckless?

Is he a hero or a felon or something in-between?

And are you happy with LEOs patrolling your streets or, if you are old enough to remember them, would you rather have police officers in your town?


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