Man said he fired to stop burglar, now faces felony charges

By JOHN QUINN
Union Leader Correspondent

Published Feb 22, 2012 at 3:00 am (Updated Feb 21, 2012)

FARMINGTON — A 61-year-old man is facing felony charges after he said he fired a shot into the ground to apprehend a burglar Saturday afternoon.

After discovering someone had rummaged through the drawers and taken items from his home on Ten Rod Road, Dennis Fleming said he grabbed a .38 caliber handgun from a shelf, went outside and spotted a man with a backpack walking down the road.

“It's a violation. I was pissed,” Fleming said, adding he realized he should have called police, but wasn't sure officers would arrive in time.

The sound of a crash at a neighbor's home — just over 1,000 feet away — drew Fleming's attention; he spotted the same man he'd seen on the road coming out of his neighbor's window.

Fleming said he wasn't sure he could stop the man, so he fired his pistol once into the ground — far off to the side — to detain the man, later identified as Joseph Hebert, 27, of 70 Bunker St.

“I just wanted him to take me serious,” Fleming said. “He did.”

Fleming said he unloaded the pistol and put it on a nearby rock after a couple of his neighbors arrived to restrain Hebert, who police said had broken his heel jumping out of Fleming's second-floor window.

After searching the backpack, Fleming said he found two pocket watches, some decorative pins, a handful of rubber bands, some rubber gloves and some tape that Hebert had taken from his house.

Fleming said he's owned guns all his life and had several weapons in his house Saturday, including two rifles, two shotguns and the handgun he used.

“I hadn't fired it in 20 years. It was all greasy and dusty up on the shelf,” Fleming said, adding the police collected all of the weapons after he turned himself in to authorities Saturday night.

Police Chief Scott Roberge said officers had contacted the Strafford County Attorney's Office, which recommended Fleming be charged with reckless conduct, a class B felony, for discharging his weapon.

“My understanding is that he (Fleming) fired a warning shot,” Roberge said.

Strafford County Attorney Thomas Velardi could not be reached for comment.

Fleming said he takes responsibility for his actions, which could result in 3 1/2 to 7 years in prison if he is convicted.

“I'm hoping it won't come to that, but I've got broad shoulders, so I'll deal with it,” Fleming said, adding he has 14 grandchildren and five great-grandchildren.

“Even knowing what I face, I would do it again,” Fleming said.

Fleming said he's surprised at the reaction of his neighbors, many of who have shaken his hand and thanked him.

“This is something that has struck a chord — nationwide,” Fleming said, noting he's received a tremendous amount of support from around the area and has been contacted by people as far away as the Midwest and Utah.

Herbert, who remains at Strafford County Jail, entered no plea to the three felony charges — two counts of burglary and possession of Vicodin — during his video arraignment in Rochester District Court Tuesday.

He admitted to being an addict and asked to be released so he could get the help he needs. Herbert, who appeared on crutches, also asked to be confined at his home, arguing he is not a flight risk, as he broke his heel.

“I've been very cooperative to this point,” Herbert said, adding he'd showed police several homes he allegedly stole from in town.

The prosecution argued against releasing Herbert, noting he was convicted of possession of controlled drugs, criminal threatening, robbery, criminal mischief and for violating probation in New Hampshire between 2004 and 2006. He added Herbert also was twice charged with breaking and entering in Massachusetts in 2010 and 2011.

Judge Daniel Cappiello set bail at $10,000, cash only, with the provisions he would be monitored by Strafford County Community Corrections Program, undergo a mental health evaluation and refrain from using drugs, if he is released. Herbert was ordered not to contact or go near Fleming or the other resident of the house he allegedly broke into.

Herbert is scheduled for a probable cause hearing March 1.

Fleming, who was released on personal recognizance, is scheduled to be arraigned in Rochester District Court March 20.

To improve the chance of seeing your comment posted here or published in the New Hampshire Union Leader:

Note: Comments are the opinion of the respective poster and not of the publisher.

Bob Smith said:

Perhaps the police chief, the officers who contacted the attorney general's office and the folks at the attorney general's office should all be fired? It would seem a reasonable thing to do. Fleming should be given a huge public apology by all of them. They ought to be deeply ashamed of themselves for daring to charge him for doing what most sane people would consider right and justified in such a situation. And some people wonder why decent, law abiding citizens have so little respect for law enforcement? I hope there is an investigation by the state attorney general into this matter. There needs to be some discipline from above enforced on the police that were involved (including the police chief) and also the staffers at the Strafford County Attorney's Office.For those wishing to weigh in on this, here is some contact information:Strafford County Attorney's OfficeTelephone: (603) 749-2808 * Fax: (603) 743-4997http://www.co.strafford.nh.us/attorneys.aspxFarmington Police DepartmentOffice: (603) 755-2731http://farmingtonpd.com/NH Department of JusticeTelephone: 603-271-3658 http://doj.nh.gov/Let us hope that wiser heads prevail and that the charges against Fleming are dropped.
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James Goodgame said:

meanwhile the USA invades nations to restore democracy to a people free to fire shots into the air with AK-47's in celebration. It may be legal to own a gun in America, but using it is an entirely different matter.
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Jack Alex said:

Thats why you never fire a gun unless your defending your under threat of leathal force and you have fallen back as far as you can. Besides thats what Louisville slugger is for, a good swing at the kneecaps and said perpetrator will be easy to find.
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Roy Hinkley said:

meanwhile, in the story posted just beneath this one, Professor Pervert, defended by his brotherhood, is getting a paid 100k a year vacation.Everything is upside down.Lesson learned here: Unless you are part of the brotherhood and if there is any doubt on your actions, your first conversation should be with your lawyer.Now, lets start with the "he should have hid under his bed and called 911 comments" after all he did take away some OT from them.
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Bob Paulding said:

This is just soooooo wrong. This wasn't downtown Manchester or Boston. This was in a rural town. Had he shot at the person then I can understand. Based upon what I've read it sounded to me that had Mr Fleming stopped and called the police the burglar would've escaped. If that happened there was a very good chance that his belongings would never be seen again by him. He did the right thing and as a responsible gun owner he had the sense not to fire straight up in the air. Thumbs up for him and many thumbs down for the town police on this one.
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rick johnson said:

This man did everything right. Shame on the cops. Instead of a thank you they gave him an F/U. Give him a medal and get over your broken egos. He's a credit to his community.
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dennis buckley said:

The really pathetic and unjust part of this story is, is that Fleming will be sent to jail for apprehending a threat to hard working citizens, and that punk Herbert will get counseling with warm milk and cookies. It's too bad that law enforcement sees everything in black and white now.
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Michael King said:

In PA this exact story played out and the man was proclaimed a hero for stopping a rash of burgluries. after all of the Gun laws encated over the last year you would think this kind of thing would not happen but this just goes to show you, you can not trust the "Just us" Society. Its all about them. I bet most of those who made a decision in this were/are against most 2nd Amendment Rights and the right to self protection.. Why did the police not apprehend this guy in the mddle of his crime. All you anti gunners and those who refuse to protect yourself this is what you get. Whos say living so close to MA has not had an influence on NH way of life. Voters of Strafford County you can dump this County Attorney. I gotta tell ya Farmington is not known for its over educated/law abiding residents. So this is what the cops do in Farmington arrest someone stopping a criminal. You can't make this up it is so stupid.
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Chris Kofer said:

Firstly, I admire any person (citizen or not) who steps up to prevent our homes from being violated.Of course my perspective of this situation is limited to the information provided by the story above. Since the man was acting as an ad hoc officer of the law, a key question that comes to mind: what would be the consequences of a real cop shooting into the ground to show that he is serious? I feel that the charge is excessive. It would seem unbalanced to charge this man with a felony when Ward Bird (there's that name again) was treated to much lesser charges for being drunk and shooting at a stump at a party which eventually resulted in a shattered window at a neighboring property.
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zachary smith said:

First off Jack Alex, smarten up! A 61 years old man with bad knees is not going to chase down a 27 year old with a baseball bat. The bat shoud be used on you!Now Bob Paulding, right on about never seeing your belongings again if Hebert would not have been stopped. Mr. Flemming, good for you. I wish you were my neighbor, too bad I live on the other side of town. Hebert, get a job you l@@ser. I hope this scared the s@#t out of you. If you try breaking into my house expect more of what you already got. Why are Mr Flemmings firearms taken away? He is guilty of nothing until proven in court. Now he has nothing to defend himself and his family with. I hope a jury of peers will do the right thing and stand up and clap for Mr. Flemming.
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stuart urie said:

Well, well, well..the Just-Us system is at it again...only this time LE is being watched from the beginning by the citizens.Stand Tall Mr. Fleming..the Just-Us System has a lot of tricks up their sleeves......God Bless Neighbor.https://profiles.google.com/StuartUrie9#StuartUrie9/about
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Bob Hebert said:

The way I see it, if NH can free Ward Bird, then they can free Mr. Fleming as well. This guy did nothing but stop a thief in his tracks and held him until the cops arrived to make the arrest. Maybe Mr. Fleming should be the police chief of Farmington.
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Gordon Oliver said:

The reason a lot of these burglaries are sucessful is the crooks have no fear. If they are caught, they will get a slap on the wrist and the homeowner who catches them will face felony charges. This is wrong. They changed the law after the Ward Bird case, but they need to expand it. Maybe next time a burglar will think twice if he knows neighbors are watching and willing to stop him from robbing us blind.
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Robert Rivett said:

Citizens who prevent or stop crimes are always an embarrassment to police and prosecutors. Especially when they are able to do it without being paid overtime and benefits.
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Jeff Swett said:

One thing I've learned from reading about self defense issues over the years, NEVER fire your firearm unless it is in self defense. I understand the "warning shot"idea, especially if you pick a target and fire into it, and the police can recover the bullet, may seem like a good idea but sadly too many police and DA's don't see it that way. I hope a little common sense is used and these charges dropped since it sounds like the bullet could be recovered and his deliberate actions proven. Having said that, property is seldom going to be a good reason to shoot another human, that is reserved for situations where life or lives may be in danger.
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Jay McCee said:

The difference, Chris Kofer, I think is that a uniformed police officer wouldn't HAVE to fire a warning shot to show he or she is serious. They have a badge to show they're serious and you'd have to be an ***** not to know they're armed and will use their weapons if necessary. Not so much for the average guy defending his home and neighborhood. I think the extra step would be absolutely necessary to detain the person.
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Mike Langenfeld said:

Why didn't the cops go over and shake his hand? No, instead they're on another power trip. Give me a break, a total waste of taxpayers money.
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Gary Hoffman said:

This is additional incentive for the Legislature to hurry up and pass the Castle Doctrine. We the people need to be protected from the tyranny of DA's and Police as much or more than thieves.
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Erin Powers said:

Based on the story alone you can't tell how responsible the warning shot was - how far from other buildings or other places where people may have been, or whether the "ground" was covered in concrete and may have resulted in a ricochet.If the discharge really was safe, then it seems like two words should apply if the prosecutor doesn't sober up:Jury. Nullification.
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Robert Rivett said:

The town of Farmington should cut it's police budget in half. They obviously don't need as many officers.Congrats Mr. Flemming. You did the right thing placing a warning shot into the ground. Even though you had the option of planting one in the tailpipe of the scumbag.
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karen johnson said:

Speeding on the highway- Warning shot.Jaywalking- Warning shot.Littering? Why not?
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Bill Hubbard said:

Recent UL articles re: reckless conduct/discharge:-Mark Hillson, 44, of 46 Flagg Road was in jail Tuesday, facing a class B felony count of reckless conduct after discharging a firearm in his house; his wife was hit twice.-MANCHESTER � A man was arrested on four gun-related felony charges Tuesday, charged with pointing a gun at three people and then lifting it upward and firing a shot, police said.-MANCHESTER � Police arrested a resident of Manchester Place apartments Thursday night after he sent a bullet from a 9mm handgun through his headboard and out the window.Police charged Earl Seeley, 34, with reckless discharge of a firearm. Police said Seeley called them shortly after 8 p.m., telling them the weapon had accidentally discharged while he was cleaning it.This incident is benign compared to other incidents.Question: which of these outcomes would have been avoided with stricter laws? I don't think any of them.Gary Hoffman, are you talking about Sep. 14 override of SB88?
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Chris Kofer said:

Keep in mind that he was playing cop and not acting in self-defense.----Jay McCee said:The difference, Chris Kofer, I think is that a uniformed police officer wouldn't HAVE to fire a warning shot to show he or she is serious. They have a badge to show they're serious and you'd have to be an ***** not to know they're armed and will use their weapons if necessary. Not so much for the average guy defending his home and neighborhood. I think the extra step would be absolutely necessary to detain the person.Jay: open-carry is within the scope of the law.
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Stephen Driscoll said:

He's charged with a felony for making a loud noise.
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lloyd clement said:

Was anyone hurt? Was the burglar taken into custody? Will the victims get their property back? So, what seems to be the problem? Sounds to me like the Strafford County Attorney's office is not in line with law abiding citizens. Who's side are they on is the question we should be asking. It is no wonder crime and especially burglaries are now rampant, the burglars have the support of the attorney general. It is a shame that the very people our tax dollars support for the purpose of protecting us are not. Perhaps Mr. Fleming should have given the burglar a cup of coffeeand a sandwich.
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Jeff Gardner said:

This is ****, as was already said he was not in a tight city but a rural town. Go find someone else to hassle Farmington, P.D.
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Ross Mansfield said:

My how weve progressed. The criminal will now get a free mental evaluation, drug help, and a free lawyer no doubt, with possible jail time. The victim who stood up for himself and his neighbors will only get a trial and maybe jail time.If it seems like out judicial system no longer knows right from wrong, good from bad, youre right. We have judges and politicians turning a blind eye to illegal aliens, the drug gangs they brought here, the many citizens who have been killed by them, yet they can't do the same for this citizen who did nothing but catch a thief. I hope every juror who will be asked to prosecute the real victim send a clear message to the judge, and Attorney General and lets this man go. Honestly the victim should not even be made to spend his money on a lawyer defending his actions.
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Bob Watson said:

The police aren't allowed to fire warning shots, why should this guy be?
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Sherry Smith said:

I thoroughly agree with Jeff Gardner this is ****! There are far too many thefts and burglaries going on now and these career criminals get a slap on the wrist to go out and do it again! I agree that what Mr. Fleming did was right and more citizens should be like him - keep up the good work. Someone needs to stop these no good bums.
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Paul Stewart said:

Maybe the Farmington Police were upset because, if they had discharged their service weapon, they would have had to file a long written report. The Farmington Police Department have made fools out of themselves in this case.
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Dan Grayson said:

Attorney General better hope I don�t sit on the Jury to convict this guy. I would give him a gold star and shake his hand. Dan GraysonLondonderry, NH
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Mike Redding said:

Methinks that most posters here have seen too many John Wayne movies. This guy could have killed an innocent person. He was not in danger. Call the police and stop trying to be a hero. Trying to be a hero when none is required will get you killed.
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Michael Bertoulin said:

Mr. Flemming deserves a state of NH good neighbor award. He was in a rural setting was familiar with guns and discharging a gun into the ground was prudent for his situation and it did get the attention of the criminal. Sure the situation would be different if it was in an urban setting but it wasn't.The Strafford County Attorney should be recalled this election as he is not be judicious in his judgement. This case should never make court.
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Princess Consentino said:

Mr Flemming Good for you Sir! I am sure you neighbors appreciate your efforts! I know i do! you are my hero :) Justified, Appreciated, and Honored! Woo Hoo Mr Flemming!
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stuart urie said:

I understand what you are trying to say..but let's also remember that police (often) draw down (point) on unarmed "suspects" as they see fit with no scrutinization or charges (rarely if ever) filed by their own Justce system or other supposedly impartial overseeing organizations.LE has a lot of leeway at the scene as an "neutral presence" at the scene..as they sort the situation out...and the police at the scene chose this path for Mr. Fleming.I welcome the "We are only doing our jobs" LE posters...***************************************Tharren Thare said:I have to say, I do applaud Mr. Fleming for his bravery and willingness to do this all over again even though he knows he would be charged with felony recklessness. However, I don't believe real cops are chasing down suspects and firing warning shots because they can't physically catch them. Maybe on TV and in the movies they do, but not in real life situations. They use K-9 cops and as we all know, the suspects aren't always caught. I am not convinced that the charges are over the top and if he is convicted, well, based on his statement, he won't be heeding the warning of the law and he may just find himself behind bars playing cowboy with his cellmate. I agree with Jack regarding when it's proper to use a gun whether you're a private citizen or a member of law enforcement.
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Jeff Gardner said:

This has eerie similarities to the Ward Bird case. Different actions, but similar circumstances. In this case I would have done the exact same thing, as I am also in a very rural area. Was there a law broken on the victims part, maybe. Is it felony worthy, definitely not. For all you people saying he could have killed someone, I don't remember anywhere in this story saying there was anybody laying on the ground anywhere near the vicinity where the round was fired. Would it have been better if Mr. Flemming had walked into his home and encountered this guy. The burglar may have been shot there. I know if you break into my home, you are not leaving on two feet. I think this burglar should consider himself lucky, and the county attorney will eventually find for Mr. Flemming and drop the charges. My gosh thats a lot of excitement for this little town, no go find a real bad guy!
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Harrison Brown said:

Law abiding citizens don't have rights, only criminals do.
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Wayne Stanley said:

Maybe the Farmington police are upset because they aren't allowed to have real bullets in their guns.Welcome to North Massachusetts.
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Sam Prescott said:

Dennis Buckley..........The really pathetic and unjust part of this story is, is that Fleming will be sent to jail for apprehending a threat to hard working citizens, and that punk Herbert will get counseling with warm milk and cookies. It's too bad that law enforcement sees everything in black and white now.Two more pathetic parts. Taxpayers will probably pay for Herbert's medical injuries which he sustained while jumping out of Mr Fleming's second story window. If not taxpayer's, Fleming's homeowners insurance will and his rates may go up as a result. And now Herbert can sue Fleming because he got hurt on his property. I hope Mr Fleming has good homeowners insurance.
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dennis buckley said:

Mike Redding...You can't use the "what if" scenario. There is ONLY the what happened. What happened was a criminal and drug addict was apprehended by a victim and a concerned citizen. People with your mentality is what gives crooks like Herbert to continue thier behavior without fear.
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Mark Murray said:

Mike Redding, it wasn't in the story, but I suspect there were no innocent people lying on the ground where Mr. Fleming took his shot.If he were my neighbor, I would have gone over to shake his hand, too.
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Robert Rivett said:

Mike Redding, I sure would not want you behind me if I had to enter a burning building.
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John Hamm said:

Being Monday morning Quaterback is easy, but I think maybe if he was allowed to get away, it might have been better punishment, a couple of months of pain with a broken heel. I am guessing he wouldn't have seen a doctor. Now, we are paying for his treatment and recovery. Drop the charges for Mr. Fleming, he didn't accidentally shoot someone through a door(TWICE) By the way whatever happened to that guy??
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stuart urie said:

Officer Bob Watson:But the police are allowed to brandish/point their weapons as they see fit...why should they be?Please don't throw stones.******************************************Bob Watson said:The police aren't allowed to fire warning shots, why should this guy be?
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Chris Kofer said:

"Bird said that decision had nothing to do with not wanting the jury to hear about a 2002 incident in which he was charged with firing his gun at a stump while he was drunk, sending a round into the window of a Moultonboro home." Since outside links are discouraged, I won't share the reference of that but a quick web search will bring it up.The conduct of weapon handlers needs to be clearly regulated.
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Bob Lake said:

Mike Redding - you are exactly right. If an innocent person had been hurt, they would have hollered up and down that he didn't follow procedures or that he was a nut etc. etc. What this guy did was unnecessary and dangerous.
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Joe Moore said:

If a warning shot is necessary it should be aimed directly at the perpetrator's chest.
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Mike Madrook said:

It is clear that the Stafford County Attorny lacks the proper judgement to hold his office (or one of his underlings does), and he needs to be removed as soon as possible. One does not, or should not, recommend that felony charges be brought under these circumstances.With regard to the homeowner: He probably did not need to dischrage his weapon at all. If he perp had decided to run anyway, that would have been the end of it. However, since the homeowner discharged his weapon into the ground, there is no harm.
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Joel Moran said:

IMHO what he did was not justified in firing the gun. A warning shot should not be used for so many valid reasons. I was not there, but a verbal warning that he had a gun might of caused the burglar to stop, allowing Mr.Fleming to hold him at gun point, until the police arrived. I wonder if Mr. Fleming has a CCW license, as if so then he really should of known the warning shot causes more legal issues for the gun holder for the actions he decided to take.
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mike lareau said:

@bob lake, you know bob "IF" the sun exploded yesterday we would all be dead.....@mike madrock, but like some posters on here have implied, that bullet shot into the ground could have deflected off a blade of dead grass and hit an innocent person.....
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Joel Moran said:

I do need to say, I do not agree with the punishment that Mr Fleming is facing due to using incorrect logic in this situation.
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carol schreiber said:

Mike ReddingWell he was a hero and it didn't get him killed. Your just jealous because it wasn't you. Guess you have never had anything stolen from you. Well I have and it ****** you off. Mr. Flemming acted in a human way. I would have done the same thing.When are the innocent victoms going to stop being the crimminals. I hope I get the chance to shake his hand. Stand tall Mr. Flemming you have enough support to stand by you. The nerve of the system to treat you like the crimminal.
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Robert Rivett said:

Joel Moran. A bit of education for you. You do not need a CCW license if you are NOT Concealing.
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Nick Amerena said:

Charged with a felony for discharging a firearm into the ground to stop someone from running away with the stuff they just stole from your house! Would he have been better off to shoot the kid? If he didn't do what he did his stuff would be sitting in some pawn shop in downtown Rochester... I setup a facebook page for Denis to show our support... Call you State Reps and let them know that this stuff needs to stop NOW!!http://www.facebook.com/groups/299466490106408/
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Chris Kofer said:

Was the message he was trying to send with the warning shot:A) "If you don't stop what you're doing, the next bullet is for you"or B) "If you are considering using a weapon against me to get away, I am prepared to defend myself"orC)Other____________________________________________________________
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John Davison said:

Fleming deserves to be in jail. In my book your a lunatic if you start firing shots when you see someone walking down the road. He should have physically detained the guy (Fleming doesn't look he has a small frame) until the cops came. He is as dangerous as Hebert. They are just 2 different kinds of idiots.
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Paul Lundwall said:

This one sad story for law enforcement. I understand that I shouldn�t go out into my front yard and shoot into the ground, But if it is my intention to stop criminal activity and to detain a criminal. That is different. This guy didn�t cross any lines. Now I understand why people stay back and just watch when a girl is being beaten or an old man gets mugged. The police have made a very clear point don�t get involved and walk away or you may get arrested. So much for neighborhood watches. Fleming should be given the citizen of the month award. I would have most likely have done the same.
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Elizabeth Pike said:

This man should not be charged for anything. He fired the shot at the ground to get the robbers attention. And wait let me guess, the robber will file a civil suit because now he will have PTSD because of this event!!!!!!! This country is so screwed up!
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David Headley said:

My understanding is that if you accidentally discharge a firearm within 300 feet of a residence, it's a violation of a town ordinance... a misdemeanor. If you're truthful with the police about attempting to detain a suspected robber, it's a felony..
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Pete Durbin said:

Boy according to some posters here Fleming should be jailed for life for firing a shot into the ground. He would have been better off grabbing the kid, hauling him back inside his house, put 2 in his chest, stick a knife in his hand and call it self defense. Glad I moved from my native NH to a state where the Castle Doctrine is in effect along with a "Stand your ground" law. And guess what? Florida hasnt turned into the wild wild west like the crying liberal whimps wanted everyone to believe would happen if these laws passed!
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lesly trebian said:

Mr Durbin couldnt have said it any better .........KUDOS to Mr Fleming !
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dennis buckley said:

John Davidson...You obviously have selective reading skills. Fleming did not start firing AT some guy walking down the street.
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Michael Layon said:

Erin Powers has the best comment by far: If the government is going to subject Mr Fleming to injustice by charging him with any crime, then the logical solution is for a jury to exercise common sense and nullify the law. Jury Nullification is something the defense attorney's can now instruct the jurors as an option they have. This story has a multitude of messages, but the top two are critical:1. For criminals, we the police have your back anytime you are commiting a crime and are challenged by a law abiding citizen.2. For law abiding citizens, especially homeowners, you deserve your home bring broken into. Just trust us, the government, to spend your money AFTER the crime to investigate it, possibly apprehend suspects, charge them, try them and IF found guilty continue to bill you for their incarceration and/or 'treatment'. This really is the heart of our modern day excuse ofr a legitimate government, "We know better than you how to spend your money".3. When your life is on the line, the police and other UNELECTED government officials would rather you use a cell phone rather than save your own life. 4. Domestic tranquility is ancient history.5.....
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Jude Augusta said:

This is PERFECT LIBERAL MASSACHUSETTS POLITICS. PLEASE CONTACT STRAFFORD COUNTY ATTORNEY AND OBAMAIAC LIBERAL STUPID-BIG-INTRUSIVE GOVERNMENT MORON Tom Velardi:http://www.co.strafford.nh.us/attorneys.aspxTelephone: (603) 749-2808 * Fax: (603) 743-4997Of COURSE the BUREAUCRAT HIDES his email address. BUT FEEL FREE TO USE THIS ONE! SCmailbox@co.strafford.nh.usNOTE: HE IS AN ELECTED OFFICIAL!
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Jude Augusta said:

Rivett - good luck with your campaign for liberals, druggies, and Obama. What a moronic comment.
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Robin Sepersky said:

Fleming could have fired at Hebert but chose not to hurt anyone. Firing a "warning" shot into the ground? Big deal. He obviously stopped a habitual criminal. Leave him alone and let him go.
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John Taylor said:

This may be the most absurd thing I have ever heard, wow. What's the point of owning a gun? Not only is firing it a crime apparently, but you can't even point it at someone these days! This is exactly why banks, stores, and homes continue to be robbed. The criminals know they are protected from being hurt, and at worst they will be arrested. Put a bullet in a few of these knuckleheads and you'll see the number of robberies go down.
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Kaleb Jacob said:

"This guy could have killed an innocent person. He was not in danger. Call the police and stop trying to be a hero. Trying to be a hero when none is required will get you killed."Any time you confront someone that has committed a crime (this time, a felony), you are in danger. It is your choice to put yourself there, whether it is helping someon in an accident or attempting to apprehend a burglar. Otherwise, why not ask police to leave their guns in the cruiser when they make a stop for a small violation? It is also very difficult to kill someone that you purposely did not shoot at. I am not saying that it can't be done, However, when I target practice and deliberately shoot into the ground away from the target, I have yet to see a hole in the paper. If you break into a home, shouldn't you have an inkling that you may be faced with a PO'd homeowner's firearm? A home is a place for you and your family to feel safe and secure. To have a burglar come in and violate that is sure to generate some pretty high emotions today and forever. I don't blame the police for this, but in light of him not being caught on several other home burglaries, it just underscores the old addage that when seconds count, police are minutes away. They cannot be everywhere and they should not expected to be.Perhaps Mr. Fleming violated the law. Maybe you can call him a vigilante. I wish he were my neighbor and I hope that this is thrown out.
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Jaylee Manly said:

I'm thinking the UL should start a new policy that all posters must pass a brief comprehension quiz, showing that they actually READ the whole article and some of it actually sunk in.
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Robert Rivett said:

Augusta - not a single one of those things (liberals, druggies and Obama) were mentioned. So how you concluded whatever that rant was defies human logic.If I may quote you accurately though... What a moronic comment.
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Ted Lebowitz said:

Stephen Driscoll said: He's charged with a felony for making a loud noise.------------------------um, that's pretty ridicuous. If he had lit off a fire cracker he wouldn't be charged. Maybe he could have done that and acted like it was the gun?There was no reason to pull the trigger.
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Tim Condon said:

It is heartening to see that there are just a few nutcases here that think Mr. Fleming is a "criminal" and should be "prosecuted" for being smart, brave and heroic. The great majority see that. What you all do not see is that the perverted "system" that you complain about CAN be changed. How many of you know that the person responsible for this tomfoolery is lawyer Thomas P. Velardi, the County Attorney in Strafford County? How many of you know that the County Attorney position is an elected office? And that Mr. Velardi is a Democrat? And that no Republican ran against him in 2010 when Mr. Velardi was running as an incumbent? Democrats hate guns, and they hate people resisting criminality on their own; they think "only the government has that right." So? An election is coming up this year, all you Strafford County voters. Anyone know a Republican lawyer (or a Democrat one with some common sense, if you can find one) to run against Mr. Velardi? Find one! In other words, fire Mr. Velardi from his job because he is not performing it competently.
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Ross Mansfield said:

Bob Watson said:The police aren't allowed to fire warning shots, why should this guy be?First I can only imagine what political party created that rule, and maybe we should also start making the job of our police easier again, rather than harder. If our police pull over anyone who is not white today, they have to fill out forms saying why they did not racially profile. Diversity and all that feel good stuff you see.
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Gregg Czarnecki said:

I don't think he should be facing any charges for this. He thought he was doing the right thing and his actions did not bring any harm to anyone -- in fact, quite the opposite.But, I have to say, leaving the pistol (unloaded or not) on a nearby rock, where it could be forgotten, stolen, etc., was not the brightest part of this man's good deed.I hope he sees no legal action, but I also hope he doesn't leave his gun anywhere but on his person or in a safe place within the confines of his home in the future.
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Jude Augusta said:

Email Stafford County Attorney Tom Velardi (who suggested felony-charges for the victim here) atSCmailbox@co.strafford.nh.us
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David Headley said:

I'm going to purchase a box of .38 cal. blank cartridges. 'Cause I don't want to hurt anyone. It's just to scare people with the noise.
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James Rego said:

Thank you Mr. Fleming for doing the right thing and looking out for your neighbor. For all those who say the police took the correct action against Mr. Fleming are nuts. This man deserves praise for being brave and using his gun in a correct manner. We do have a right in this country to own and use firearms appropriately. I hope the great state of New Hampshire does the right thing and tells the local authorities to drop all charges. Thank you again Mr. Fleming for doing the right thing!!! James Rego, Birmingham, AL
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Lyssa Kimball said:

I can see both sides of this situation. On one hand, you can't give blanket permission for regular citizens to start firing guns, be it warning shot or not, at people...that leaves too much room for mistaken identity and various interpretations ("Really, Officer, I thought he was a burgler! Oh, what was that...he was just locked out of his own house and trying to go in through a window...oops...") However, in this particular situation, I don't see how Mr. Fleming had another option...if he had waited around for the police, the burgler would have been long gone and he and his neighbors never would have seen their belongings again. I think that the law should stand as written (to prevent situations as described above), BUT the circumstances in this individual situation need to be taken into consideration. I hope the charges are dropped against Mr. Fleming, its absolutely ridiculous and unfair to think that he could go to prison.
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mike lareau said:

ok, let's look at this from the cops point of view......per an article written in the Union Leader dated 9 Jan 2012, "Report says NH ranks low in crime, but most offenses go unsolved""Of all the crimes reported in New Hampshire in 2010, only about a third of violent offenses and 15 percent of property crimes resulted in arrests."15% of property crimes result in an arrest. Since the police are doing a bang up job of solving property crimes is seems like Mr. Flemming was totally in the wrong and should have let this perp go and let the police arrest him...... put him in jail and throw away the key.......(this by the way, is sarcasm)......
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Pete Durbin said:

I'd like to point out one more thing. The US Supreme Court ruled that the police have NO DUTY to protect you. Their only responsibility is to write the reports after a crime has happened. Or in the Justices written word "Have no affirmative duty" to protect you. So if the PD has no duty to protect you what is a person supposed to do? Apparently in the state of NH you cant protect yourself nor will the PD. IMO NH needs to pass Castle Doctrine along with a Stand your ground law. Stop harassing the innocent people that use a weapon to defend themselves and their neighbors!
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mike lareau said:

@mr. durbinI am sure we'll have the redding's, lane's and lake's that write on here protecting us if we ever needed the protection.....
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Pete Durbin said:

@ Mr. Lareau I dont think cowering in a corner crying like a school girl is much protection from them LOL
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Robin Curtis said:

What deadly force was being used against Fleming to justify him using deadly force against the thief? Additionally, if you take into account the "Ward Bird" rule of protecting one's homestead, he was on anothers property. UL NRA fanatics, begin....
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Peter Peter said:

We need to stop giving criminals more rights than the victims!
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Jim French said:

It�s amazing that after the Mt. Vernon murder of a mother, and the attempted murder of her child, that people like Robin Curtis haven�t seen the light yet. Fortunately no one was injured in this incident, but what about the mom and child that this drug addict could have killed in the next home that he decided to break into? Mr Fleming, thank you, your shot may very well have helped to save innocent lives from this criminal. �Life NRA member�
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J Rzeczycki said:

Just like the guy that drove 110 MPH to get his pregnant wife to the hospital, you cannot make up your own laws as you go along. Gun owners and everyone else need to be aware of local laws. If this man's gun sat on a shelf for 20 years, he probably was unaware on local gun laws. I hope they go easy on him but I don't blame the cops for booking him on the charges., They were only enforcing laws that were already in place and probably have been in place for a long time.
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Debra Rimbaud said:

Farmington, NH Police Dept A/K/A "Mayberry R.F.D. " starring Barney Fife
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mike lareau said:

@ rzeczyckilocal laws can be trumped by supreme court decisions......@robin, i believe mr flemming was on HIS property, and deadly force is not shooting a round into the ground, it would be shooting that same round into the body of the burglar......
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lloyd clement said:

Tharren Thare, please tell me what law covers a warning shot? There is nothing wrong with what Mr. Fleming did. Anti gun people will tarnish any action used in any case to justify a charge/conviction for an individual using a firearm for a just cause. People like you buy into that rhetoric that deviates from our liberties, as long as there are people who find logic within the illogical there will be ignorance as a common sense understanding. Tharren, stop letting others think for you.
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lloyd clement said:

Jim French, well said, good point. Obviously you know what is going on.
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Chris Kofer said:

His warning shot may have given justification to the punk to shoot at him in self-defense.
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Steve Johnson said:

It is utter ** that somehow STUPID cops have decided that every shot fired, regardless of circumstances, is "reckless conduct". Boy, do I hate cops. Morons with badges.
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Stan Janko said:

Bob L is right. . . cops aren't allowed to fire warning shots. They don't need to, they could have just shot him and we'd have the Union Leader rump squab patrol out thanking them for putting a thief out of his misery.The thief will get less time than the guy who stopped his spree. It wasn't the cops who were out looking for crime, a crime fell into the lap of a person and he did what was necessary to stop it. That, is what we pay police officers to do. Instead, they're out chasing speeders and drug addicts who pay for their drugs instead of stealing to be able to afford them.
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Steve Johnson said:

@Mike Redding, so where does it end? If you have a gun, and an unarmed man is stealing your uninsured ONLY car, which you need to earn a living, do you just let him go, or do you stop him?I know my answer, but you are an *****, so you would probably hand him the keys, and say "please return it".
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John Davison said:

@ dennis buckleyYou are the one who has selective reading skills - where did I say he started firing AT some guy walking down the street? PAY ATTENTION. I said " In my book your a lunatic if you start firing shots when you see someone walking down the road." Next time get your facts straight before you run your mouth like an 8th grader.
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Mike Houst said:

I live in Strafford County. I've driven all over Ten Rod Road. It runs from being slightly suburban to very rural. But even in the most densely built area, there is no way firing a gun into the ground constitutes reckless conduct or puts anyone in danger.Fleming is not healthy enough to physically overpower an attacker. Considering that the burglar crashed through a window exiting the building, Fleming had no way of knowing if he was going to be attacked or not. Firing a warning shot makes perfect sense.Unfortunately, our state, and in particular, many DAs and Governor himself, have an abysmal record for common sense in application of gun laws. The Ward Bird case is one. This may be another.I highly recommend Strafford DA Tom Velardi apply some common sense to his interpretation of the law in this case. Otherwise he's going to find a whole bunch of us supporting his opponent next election. I'd even run against him if nobody else does.Yes, it's nice to call 911 first; but if that means the bad guy gets away, we've all lost.
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Brian St. Onge said:

Discharging a firearm in the area where Mr. Fleming lives is legal. He was not acting recklessly nor was he endangering anyone. In additona to the regional newspapers, this story has made the national network and cable news outlets - not because of what Mr. Fleming did, but because of the fact he was charged with a felony offense, which, by the way, carries the same sentence the robber is facing. The charges against Mr. Fleming should never have been levied and should be dropped. This case is making a farce of our justice system.
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Chris Kofer said:

�I just wanted him to take me serious,� Fleming said. �He did.�He should have probably contacted a lawyer before bragging like this.
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Mark Murray said:

John Davison - He fired a single shot when he saw someone coming out of his neighbor's window, after he heard crashing noise coming from the house.So he did not start firing "shots" and it wasn't because some guy was walking on his road.Next time get your facts straight before you run your mouth like an 8th grader. But then again - I suppose you're right. A lunatic would be a guy who started shooting because someone was walking on the road. It just doesn't apply to this story.
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Robin Curtis said:

Anytime a bullet leaves a gun it's deadly force. And if you read the previous articles, he came home to find his property had been broken into and went to speak with neighbors. He then saw a man jump out the window of a neighbors house. I often forget that responsible gun ownership has a blindness towards any facts that may go against their cause.
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Mark Murray said:

Now - Thinking with the clarity of a Monday-morning quarterback, I don't think Fleming made the wisest choices.1) As mentioned - leaving a loaded gun hanging around is not the best idea. He's got grandchildren and great-grandchildren. I don't know how often they visit, but it's still not advisable. For one thing, the thief was able to take things from the house. What if he found the handgun?2) I do respect Mr. Fleming, but running outside with a gun because "he was pissed" isn't smart. He hadn't fired it in 20 years, so how did he know it would work? And it really it was only stuff. With my 20/20 hindsight, I might grab my camera, instead of or in addition to a handgun. With 10X optical zoom and 12 megapixels, I can take a different kind of shot from far enough away to be safe and that can help catch the crook. Use the weapon if the crook decides to come for the camera. now you've got good justification to pull the trigger.3) Still call 911 first. Maybe put it in speaker mode while running out the door. Even a trained cop will call for backup.4) Don't rummage through the backpack. You'll only hurt the case by tampering with evidence. At least that's what a defense attorney could argue. Catching him jumping out of window after hearing a crash is justification enough to stop him and call the cops. Let them find your stuff.
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John Rowe said:

What ever happened to the "citizens arrest" laws???
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Bob Watson said:

stuart urie said:Officer Bob Watson:But the police are allowed to brandish/point their weapons as they see fit...why should they be?Please don't throw stones.Couple things Stu, - You're right, the police ARE allowd to point their weapons at someone, under certain situations of course. They just aren't allowd to fire warning shots. This isn't the Wild, Wild West Stu. - This gentleman could have drawn down on him and forced him to the grownd (just as the Police would have done) and awaited the arrival of the Police. AND... you know what? He would not have gotten in trouble.Juss sayin...
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Gregg Czarnecki said:

Bob Watson said:- This gentleman could have drawn down on him and forced him to the grownd (just as the Police would have done) and awaited the arrival of the Police. AND... you know what? He would not have gotten in trouble.You are talking about an untrained man doing what he thought was right. He was improvising to help his neighbor. In situations like that, you are acting on disciplined instinct in most cases. I think it is naive speculation to think he could have just aimed down at him instead.
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John Krats said:

The police, the county attorney and the judge should all be sitting in the same cage with the dirt bag burglar. These idiots are begging for civil war and a right bloody one at that.
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George Horne said:

Same old story! New name ( Ward Bird ) God forbid if people are allowed to defend themselfs and their neighbors Homes, We would'nt need so many police. The thing thats Scary some police would do the job even if not payed for it. Do you knowing were i am going with that one ?
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Steve Johnson said:

@Robin Curtis, you forgot the word "potentially". In, and of itself, it is not deadly force. That is where common sense comes in, but cops rarely use that.
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Gary Hoffman said:

I hope I am on the jury if it goes that far.
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Pete Durbin said:

So following Robin Curtis' logic target shooting is deadly force. Great just what we need someone like her thinking every time someone shoots a weapon that it is deadly force *insert eye roll here*. Like I said earlier the SCOTUS has ruled in 2005 that the police have no duty to protect you. That leaves you and your neighbors to proterct yourselves. What he did was right, he ought to ask for a jury trial and be acquitted (sp?). Down here in Orlando last night 2 neighbors chased a burglar, shoved him to the ground and held him for police. The burglar injured his shoulder when the neighbors shoved him to the ground. By following Stratford DA's thinking the neighbors in Orlando should be charged with assult and battery. But ya see down here the neighbors made the news as heros for stopping a thief! They got accolades from the OPD for what they did, not charged with a crime.In Daytona last month an 82 year old man fired 1 round through his back door at 6:15 AM when he was woken up by a burglar trying to get into his house. That one shot was enough to kill said burglar on the spot (45 cal). Want to know what the Daytona police chief said on the news? He said "This home owner did what the justice system failed to do, he stopped the thief" End of story. Ya see this thief was given numerous slaps on the wrist and let go, now hes where he belongs, 6 feet under and not a lot of people shed a tear for him.
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lloyd clement said:

The real warning shot is the charge against Mr. Fleming for doing the right thing. What is all too obvious is that we are now subject to a judicial dictatorship, that is the concern we must address while we still have the right to vote.
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Steve Johnson said:

@Pete Durbin, agreed. We need a law that allows you not only to protect yourself, but to also to protect your things over a certain value...like $100. If you try to steal, you should be shot.
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Robert Tarr said:

This is absurd. Mr. Fleming exercised his 2nd Amendment Rights and they want to put him away for upto 7 years? Mr. Fleming did the responsible thing and protected not only his property but the property and life of others. He should be commended on doing what we should all do. Defend ourselves when the risk to life and liberty is at stake. As for Mr. Herbert, a drug program only works if the individual is willing to accept the help from it. Just because he is on crutches doesn't mean he couldn't have someone give him a ride to another state and disappear, just to do it again. Facts speak for themselves, two states, and the history of his actions should mean that he not Mr. Fleming be sent to prison for a number of years. New Hampshire is known for punishing those who stand up and make a difference. Ask anyone and they can tell you that. Look back at our history and you will find hundreds of cases where someone defended themselves or property only to be accused and sentenced on 'reckless conduct'. Real gun owners know how to be responsible with the tools in their hands and yes a gun is simply a tool, an extension of the person. As far as this reader is concerned, Mr. Fleming acted accordingly and should not be punished.
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Daniel McNeil said:

First of all, to all you ignorant ridiculous people who paint all law enforcement with the same brush stroke - grow up and please mature. I am a police officer and both I and my fellow officers believe that this is a terrible situation. From what I have read, this man never should have been charged. Plain and simple he did the community a service in detaining and capturing this societal deviant and should be thanked. I predict he will not be convicted.
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Mike Madrook said:

The victim will not be convicted, if it even gets that far, but he will have to pay the cost of defense. No doubt the County attorney is playing the game whereby they charge high in order to get a plea. Outrageous.The county attorney needs to be tossed out.
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Chris Kofer said:

Steve Johnson said:@Pete Durbin, agreed. We need a law that allows you not only to protect yourself, but to also to protect your things over a certain value...like $100. If you try to steal, you should be shot.___So if Tyrone shoots William because he thinks he's wearing his $150 Nikes, that's okay?___@Daniel McNeil - how would you have handled this if Fleming had shot this punk as he tried to run away (broken ankle or not)?
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mike lareau said:

@kofer - how would you handle the world coming to an end tonight at midnight?????oh by the way, nice racial slur with the tyrone and Nikes.......
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Chris Kofer said:

mike, better calm down before you apply for your ccl
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Jude Augusta said:

@ Robin Curtis who's quote reaches LEGENDARY MORONICY: "Robin Curtis said:What deadly force was being used against Fleming to justify him using deadly force against the thief? Additionally, if you take into account the "Ward Bird" rule of protecting one's homestead, he was on anothers property. UL NRA fanatics, begin...."UMMM. ROBIN. IS ANYONE DEAD? IS DEADLY FORCE SHOOTING DIRT? IF HE PUNCHED THE CRIMINAL IN THE FACE - BUT BROKE HIS NOSE AND JAW - YOU WOULD CALL THAT "NON-DEADLY FORCE". WHY? BECAUSE YOU ARE TOO STUPID TO DISCERN "DEADLY FORCE" FROM "GUNS". A NOSE-PUNCH CAN LIKELY PUNCTURE THE BRAIN. MAYBE YOURS ALREADY WAS.STUPID COMMENT.
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Chris Kofer said:

^I do admit that I was trying to a paint a more or less urban picture. Pay attention to the discussion.
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Dennis Braje said:

What happened to "Live free or Die?" I am new to NH and thought that the real American Life exsisted. I wouldn;t have a problem if he shot the *******. Hitting him with a bat accross his knees might have been an alternative but we would still be having the same discussion!
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lloyd clement said:

Daniel Mcnell, I have to agree with you, but realize that cops are the pit bulls that are given the marching orders by those in power with a political agenda. I hate to say that this will get worse and in due time police officers will have to make personal and professional decisions relative to individual rights. History is clearly the only material we have to understand this dilemma that is unfolding right in front of our liberties. Police officers will be the ones designated to enforce laws that void our liberties.
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lloyd clement said:

Robin Curtis, ahh, uhm...if you...oh forget it, you would not be able to understand anyway.
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lloyd clement said:

Mark Murray, if the criminal would have been armed a camera would have been the right choice, yeeeah right. After 20 years a gun works, ammunition has no shelf life, obviously your words clearly depict you as someone who is clueless. Go back to your coloring book.
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rd scalzo said:

>>That was worth the possibility of a round going through a window injuring someone or worse?I don't see a felony but this guy either gets some serious training in the use of firearms or next time pick up a phone.Just because no one was injured "this time", actions like this are not very bright.
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lloyd clement said:

rd scalzo, so it is ok to commit a B&E? What else has this burglar taken from others? Oh yeah, maybe he was just lost and in need of a hugg. So, you are gonna base your position on "What if''s'." Better to be thought a fool, than to speak and remove all doubt.
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Allan Trombley said:

I don't care if the guy stole a popsicle! It wasn't his. He stole it! He got what he deserved. Fleming did exaclty what he should have done. rd, what if what was stolen was your grandmothers pain pills, or the cheap little watch your grandfather gave you when you were 5, you know the grandfather that died 2 days later?This fool had no right to take these peoples stuff.
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rd scalzo said:

so it is ok to commit a B&E?>>>Deadly force for some rubber bands and a few dollars worth of items? Give me a break. Are the people in this state getting that ignorant to believe this was actually a valid use of deadly force? Maybe when someone's kid vandalizes a mailbox everyone will think it's justified when they get shot. When the warning shot goes through a window and kills a neighbor you can tell us who right he was to do what he did. His motives might very well have been good but what he did was not. Unfortunately now his legal bills will cause him a lot more than the few dollars he lost.You want to own a gun? Learn to own and use it responsibly.
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Denny Wood said:

PEOPLE!!! Mr. Fleming was not protecting himself in his home as allowed by statute. He admitted being "angry" and grabbing his .38 and went outside after a person who he thought was a burglar not even knowing it was the same one (although reasonable person would believe it is the same person) and gave chase...bad heart and all! He turned from a victim to an aggressor. Being defensive to offensive. Clearly the law does not allow for that.I agree that he stopped a *** burglar who was just out of jail and who admitted he had a drug problem...I get it. The lowest of low of society BUT you just can't chase someone down and fire a warning shot at them, near them, in the vicinity of them. People are talking about it being rural and safe to fire in the ground etc. etc. But let's not forget the a-hole burglar now becomes the victim. Fleming made him the victim by shooting in his general vicinity. I get it I get it... he deserves it yatta yatta yatta. He made a bad choice by burglarizing several homes and for that he will pay the price but he does not deserve to be shot at!For those who even care the statute (the law) is the following: 631:3. Reckless Conduct - I. A person is guilty of reckless conduct if he recklessly engages in conduct which places or may place another in danger of serious bodily injury.Folks, this is not the movies where you can fire a round in the air or in the ground or wherever so the noise scares someone into stopping. You are 100% responsible for that round and under oath during testimony if he does not invoke his 5th amendment right (which he should) Fleming could not say with absolute certainty that he knew beyond a reasonable doubt that the round he shot would not ricochet and strike the fleeing burglar, hit a nearby house, or innocent person sticking their heed outside to see what the commotion was. Even if this was rural America! Therefore the act of firing a bullet did place or may have placed another in danger of serious bodily injury. No ifs ands or buts about it. Not only that but Fleming admitted that he had not fired his weapon in 20 years and that it had dust and oil collected on it!!!This has NOTHING to do with 2nd Amendment rights. To say it does is Ludacris. To say the Farmington PD is at fault or negligent for charging this man is colossally stupid. To say this man would NEVER have been caught unless Fleming stepped is 100% speculation. What is NOT 100% speculation is that Mr. Fleming committed a violation of RSA 631:3 and he should be held accountable for his actions. To the Strafford County Attorney�God Speed, you will need all the support you can get despite the fact that the law is on your side. As for Mr. Fleming, I wish him good luck and I am sorry that he is a victim of the crime of burglary but one needs to act on an educated decision rather than one fueled by anger. You pay your taxes so that trained, qualified Police Officer can apprehend this man. With a good eye, positive description, he most certainly would have been caught. After all, there are not many houses or roads in this area to flee. How could he not be caught???What are we condoning if we allow this man to go free? We are allowing every citizen to arm themselves (which is fine if you are qualified to do so) and start firing shots in the ground, in the air, in the woods or wherever they may THINK is safe at the time. If this happens, one of these times someone is going to get seriously wounded or killed. What then? Will THAT person be a hero? I think not!
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Denny Wood said:

Let's not forget that the guy was "running away" with a broken heel.
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Jude Augusta said:

Denny - I hope you are the next "victim" of burglary. Shooting into the ground is gentlemanly. You are PATHETIC. Tell you what: NEVER TRY TO BURGLARIZE MY HOUSE. And if you think someone is going to be seriously injured or killed by shooting into the ground - you need more meds or are incurably STUPID. Good luck with the campaigns for Obama, legalization of pot, and more benefits to multiple-felony child-molesters. It looks like you're "in" on the system as a cop, and think Fleming's angling for your job. Its obvious - the way you quote statutory law, yet can't spell ludicrous (you spell the black pop-star's name). To you and the LIBERAL CRONIES: Learn to spell and get your head out of Obama's hind-quarters. Hold "Fleming" accountable? What if a formerly abuse brother SHOT a molesting priest as he followed his younger (unwitting) brother to the same sex-prison he once suffered - KNOWING what was about to happen? YOU ARE PATHETIC. WAY TO LOVE THE CRIMINALS. The more out - the more "customers" for cops.MORON.
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Denny Wood said:

Jude Augusta: Nice post! Well thought out and well-articulated. Of course it has no basis on fact or logic whatsoever. Just another Cop hater I can see. Way to base your entire post on facts. As far as the misspelled words� I�ve got to blame spell check. Evidently, the Merriam Webster Dictionary on my Windows 2010 likes the way to spell the Pop Star�s name over the correct spelling. So sad, so sorry. Good luck with your English Doctorial Internship at ZERO FACTS UNIVERSITY! Bottom line, Mr. Fleming will be tried and convicted on facts and that is a **** shame when he was the REAL victim in this case.
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Allan Trombley said:

Denny Wood, why is it when you leftist post ignorant rants they are well thought out but when someone intellectually challenges you THEY are not thought out. I hope the woman in your house (assumption) has a set, you sure don't. You have no concept of right and wrong.
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stephen cross said:

I don't fault the police. It is there job to note violations of law, not interpret them. Hopefully the DA will not file charges. I have to disagree with the "reckless" charge. A reasonable person would expect that a 38, fired into soft lawn, away from any nearby humans, would not harm anyone. It doesn't have to be 100% safe, just a reasonable expectation. This man was well controlled considering his state of mind. Kudos to him!
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Denny Wood said:

Allan, if I see an intellectual post I will let you know. Once again, another post (by you) that is not factually based, just insults as you have no facts to base any opinion whatsoever. Regarding me not having a set....funny. Just because I feel it was an egregious error to fire a warning shot ANYWHERE and I support the law as written I am not manly? Because I worry that not charging a man like this will set precedence on the future for every action movie lover who thinks its ok to fire off rounds as seen in your favorite Stallion movie? If this action is condoned someone WILL get hurt in the future or get themselves hurt. What then? The credits don't roll and you throw your popcorn in the trash, you go to a funeral. SMARTER UP!!!!! Or.....keep up with your senseless banter because quite honestly it was the first laugh of my day and I appreciate that. Good day to you mighty genius ; )
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Don Diamant said:

I find great irony in the fact that if Mr. Fleming had simply taken his gun out to his backyard and used it for target practice he would have committed no crime yet by firing a warning shot in his rural neighborhood that he is somehow endangering others.I hope you 2nd Amendment supporting Democrats are paying attention here. Your leaders are against you and they will take your guns by hook or by crook.Velardi needs to be retired this November, he is clearly anti-2nd Amendment."No free government was ever founded, or ever preserved its liberty, without uniting the characters of the citizen and soldier in those destined for the defense of the state... Such are a well regulated militia, composed of the freeholders, citizens and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen." - Richard Henry Lee Founding Father and Proposer of the Bill of Rights
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stuart urie said:

@Bob WatsonThat's Stuart to you Retired Officer Watson...under certain situations...Juss saying...You fit the profile, Officer.*************************************Bob Watson said:stuart urie said:Officer Bob Watson:But the police are allowed to brandish/point their weapons as they see fit...why should they be?Please don't throw stones.Couple things Stu,- You're right, the police ARE allowd to point their weapons at someone, under certain situations of course. They just aren't allowd to fire warning shots. This isn't the Wild, Wild West Stu.- This gentleman could have drawn down on him and forced him to the grownd (just as the Police would have done) and awaited the arrival of the Police. AND... you know what? He would not have gotten in trouble.Juss sayin...
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stuart urie said:

@Bob WatsonIs this your real name? You better hope it is.
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stuart urie said:

@Bob WatsonOK..time for a NH Civilian Standard Operating Procedure (CSP) or Civilian Standard Operating Guidelines (CSG)...which would outline the procedures/guidelines for civilians to operate under certain situatiation(s)......of course..This would necessitate NH LE to standardize State-Wide common procedures/guidelines for NH LE...and eliminate local-yokel SOP/SOG(s).These NH CSP/CSG would be organic and in lockstep with NH LE SOP/SOG laws...If you and yours are not in agreement with me and mine...then we "mere-civilians" and property (renters included) will know who you LEO/Thick-Blue-Wall active-duty/retired LEOs really are.
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stuart urie said:

@Bob WatsonSo where do you stand?Because I know many good LEOs...albeit (they are) too afraid to comment on the UL or elsewhere.This is where it all happens..at the groud-pounder, bullet-sponge level...Civilian-property-owner/neighbor/LE..and even renters....even trailer-park folk (some people whom I Love).
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stuart urie said:

I "police" my comments regularly.....just-saying...
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stuart urie said:

@Bob WatsonAnd if mere civilians/LEOs/LE's must make command decisions outside the CSOGs/SOPs or NH LE SOGs/SOPs........Remember: when seocnds count.... NH LE/police are only minutes away..or seconds away (on foot patrol hanging with their civilian drinking/adulter buddies)..ask me how I know..because I "know for a fact."
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stuart urie said:

@Bob WatsonCSOG/CSOP nationwide..so lets do it.
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stuart urie said:

@Bob WatsonLet's level the playing field between LE and we "mere-civilians"..because we "mere-civlians" have worked so hard for what little we have in the private-sector (in-sourced (H1B), outsourced..and illegally alienated to-near-death..poverty ...let's get in lockstep with each other in what we civliian have to lose to you LE...because admiitedly it is a losing batttle for us "mere-civilians" to you.I.E. Your LE Safety will win against Our Private Freedom....FoxNews is watching....
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stuart urie said:

@Bob WatsonDon't tell me your publicsector retired-police-*** isn't watching my comments to you....prop it up for FoxNews...
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stuart urie said:

@Bob WatsonPlease comment..you and yours (LE) know full well what me and mine (mere-civilians) have gone through..time for you to have the courage to pick sides..you are formally being called-out to spear-head an agreement..meanwhile..I have work to do putting a roof on trailer-home for someone I love..Foxnews is watching..*******...
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Man said he fired to stop burglar, now faces felony charges

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