According to this SFGate article by Henry Lee [are my notes]:
An Antioch man at home with his young son disarmed an 18-year-old man who kicked in his front door and shot him dead with his own gun, the second time in three months that a resident [not the police] in the city has fought back with deadly results, police said Tuesday.
The latest incident happened about 8:20 p.m. Monday, when a resident on the 4800 block of Wexler Peak Way heard his doorbell ring, said acting police Lt. Diane Aguinaga.
The resident, who was home with his 7-year-old son, did not answer the doorbell right away and then peered out a window, only to see his front door being kicked in “pretty aggressively,” Aguinaga said.
“He just jumps the guy and realizes the guy has a gun,” Aguinaga said. “He somehow (got) it away from him” and shot the intruder three times in the torso, then called police, she said.
The intruder died at the scene, and his semiautomatic handgun was recovered. He was identified as 18-year-old Jeremiah Stovall of Antioch, who police say had a criminal history that included weapons violations.
The resident and his son were not hurt. Their names were not released. Police said the man would not be arrested.
Read entire story here.
This, and the other Better than a Cop stories, bring up valid points. When you need the police, they (most likely) will be minutes (if you’re lucky) away. If you find yourself face to face with a criminal who intends to do harm to you (or your loved ones), it will be up to you do defend yourself. Just as this homeowner did. It’s also ironic how similar this intruder’s actions were to those of SWAT teams conducting drug raids.
Why is it ok to shoot the intruder after your TV but not the “intruders” after your pot?
Or is it ok at all to defend yourself/property? On top of failing to protect you, sometimes the police charge those who protect themselves with a crime – seriously. This was the case for Dennis Fleming of Farmington, NH – as reported by Joshua Miller for FoxNews.com (puke):
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.”
Read more here.
Pretty messed up huh? Yet another example of laws conflicting with reality. Anyone with half a brain would agree people are allowed (and should) protect their life and property, including using deadly force if needed. Since Dennis decided to give the intruder, a thief, a second chance the police are charging him with a crime. Yet, had Dennis been a responding officer to a homeowners call and caught this guy coming out of a home there would have been no warning shot. The officer would have shot him and been praised for it.
Welcome to the police state, where protecting your property without using deadly force is a crime. Do you see the problem here?
Update: Charges against Dennis were dropped, though the DA said firing a “warning shot” around or near other people or homes can result in police involvement or a charge. Read more here.