livingston
20×102mm Vulcan
A legal expert explains New York’s self-defense laws after an Ontario County homeowner held two burglary suspects at gunpoint.
Awesome!Yep. He didn't "have" to go to the house, after seeing them on the ring camera, and confront them. He's the aggressor!"At that time, we actually received a 911 call from one of the occupants in the residence, stating that they were in there and that they were going to cooperatively exit with their hands up," Rago said.
When deputies arrived, they took Alexandria Mosher, 19, and Dominick Wood, 22, both of Lima, into custody.
my bet is, the HO'r will be charged with "illegal detention, or kidnaping, or menacing"
LoL, it was his residence. He can target shoot from the kitchen window if he wants.Shooting out the tires seems to be overkill. Only cops can do this legally. He will probably have to pay for the tires to reduce his liability........... discharging a firearm within 500' of a residence, may be in play.
Burglars were likely intimidated.
In spirit I agree. However, depending on the DA and Judge he may well face charges as the justification of display and use of force don’t seem to be there. Much like if someone breaks into my house and then runs away, I do not have justification to physically restrain them nor display or use force in this state.LoL, it was his residence. He can target shoot from the kitchen window if he wants.
I agree with the tire thing being dumb. That's a terrible way to try to disable a vehicle. Too loud, it announces your presence and spoils your surprise. Could have just cut the valve stems.
He will not have any penalty for doing it though.
The ny judicial system blows. Always has for as long as I can rememberWhen I was a kid, a friend of my grandparents woke up in the night to take his dog out, and happened to notice a vehicle parked up at his barn which was not his vehicle. He went and grabbed his 12 gauge and sent a round off in an opposite direction into the trees, to scare whomever was in his barn.
He was protecting his home, his property, his wife, his life. The authority didn't see it that way and arrested him. I cant remember what charges(yes multiple) he lost all his firearms including pistols and was deemed a felon.
The 2 people that were in his barn robbing him(they had some of his things in their truck), said they had thought it belonged to a friend of theirs whom told them to go get somethings out of the barn and must have pulled into the wrong property. A few months later they were caught robbing another place.
It's NY. Burglars will likely get an appearance ticket if that.He will not have any penalty for doing it though.
The text of the law might be the same across NY, but the application in different counties are *very* different.Sheriff says no charges as it stands. I’m a bit shocked.
Also, I'd love you to point out the provision in the law that creates a difference between a cop and anyone else for shooting out tires on a parked, unoccupied vehicle.Shooting out the tires seems to be overkill. Only cops can do this legally. He will probably have to pay for the tires to reduce his liability........... discharging a firearm within 500' of a residence, may be in play.
Burglars were likely intimidated.
Great to hear. Keep that Sheriff and DA in office!!IM right down the street...the Homeowner is a well respected member of the community....aint nothing gonna happen to him.......all like him and know him so....He wont get any charges like it states...plus no occupants in the car at the time...unlike the incident many years ago further down the road at the old Junkyard..The property owner got charges cuz the occupants were in the car and driving away when he shot at it. and shot tires out........no one around.
It said no charges so he will be fine..end of story.......small rural town....all is fine with the world. No charges will come of this. They just got what a appearance ticket so we are locking our doors and watch our cameras now
This kind of thing underscores the danger we face as lawfully armed citizens in this state. Your fate is in the hands of local and state LE and the county you reside in. You had better hope they are on your side.When I was a kid, a friend of my grandparents woke up in the night to take his dog out, and happened to notice a vehicle parked up at his barn which was not his vehicle. He went and grabbed his 12 gauge and sent a round off in an opposite direction into the trees, to scare whomever was in his barn.
He was protecting his home, his property, his wife, his life. The authority didn't see it that way and arrested him. I cant remember what charges(yes multiple) he lost all his firearms including pistols and was deemed a felon.
The 2 people that were in his barn robbing him(they had some of his things in their truck), said they had thought it belonged to a friend of theirs whom told them to go get somethings out of the barn and must have pulled into the wrong property. A few months later they were caught robbing another place.
…..because Lady Justice is blind…..This kind of thing underscores the danger we face as lawfully armed citizens in this state. Your fate is in the hands of local and state LE and the county you reside in. You had better hope they are on your side.
And at this point, running on feelings, WA wa.…..because Lady Justice is blind…..
Her hormones are way out of balance….And at this point, running on feelings, WA wa.