Retired farmer plans to fight charges from confronting thief at gunpoint:
Cue Monty Python character as the thief: It’s a fair cop.
Wow, just wow. IT could have conceivably been in self defense too if the guy thought that the guy stealing his gas might be dangerous. I contrast this to an episode of cops I saw last night where they pulled onto a scene where there had been an apparent robbery attempt and the “victim” was a 3rd degree black belt who ended up beating the crap out of his attackers. The cameraman zoomed in on his shoes to show that they were covered in blood where he had been kicking the crap out of them on the ground.
They ended up taking the would be robber to the hospital and commended the guy on defending himself.
Really not getting why they charged the shotgun wielding farmer . All he did was apprehend a thief, and held him at gunpoint while the cops got there. Seems like a perfectly reasonable course of action to me. I can’t imagine such a case being prosecuted in my state…
My brother the gun nut agrees with charging the retired farmer. His take: “Never point a gun at someone you don’t intend to shoot. The gun was unloaded – hell, he ought to go to jail just for that!” I guess it really pisses him off that people might use guns for something other than killing people. Maybe that’s how the cops feel, too, I dunno.
Englund’s lawyer contends that he didn’t point the gun at anyone.
In my state, I can’t shoot someone for theft. I would be in serious trouble if I shot a guy breaking into my car in my driveway. I can shoot him if I feel threatened and “my back is to the wall”, I have no escape or other recourse. By law, my “back is to the wall” anywhere inside my house. I can shoot him inside the house because I have a legitimate fear that he will harm me or my family, but not outside.
I hope there’s more to this story than what is reported in that article. I have, on a few ocassions, pick up a baseball bat before going outside to investigate unusual noises near my house. It’s just a precaution, as I don’t know what I may find. I hate to think I could be charged w/ a felony for doing so.
On the other hand, we have had a couple of incidents, in this area in the past few years, where homeowners have shot teenagers who were commiting vandalism. You can’t use unnecessary force, but is the threat of force a crime?
I think it has to do with the gun. A ball bat would be considered purely defensive, and as long as someone can stay outside the strike zone, they wouldn’t really be in any danger. The authorities just don’t want anyone waving guns around. And I agree, I think there’s a lot more to this story than we’re being told. If the gun was unloaded, then the farmer’s intent should be pretty clear.
Link
http://northstarmedia.net/star/STARHome/12CF2580-7C6E-4E0F-9713-12FE2C5F1E6F.html
A little more info on the situation.
That makes it a bit clearer. I think he was OK in confronting the perpetrators, but he should not have chased them. Sounds like he may have gotten carried away w/ the threats also. I think they may have a hard time convicting him though.