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.
A legal expert explains New York’s self-defense laws after an Ontario County homeowner held two burglary suspects at gunpoint. 8/10/26
- Thread starter livingston
- Start date
livingston
20×102mm Vulcan
Homeowner holds burglary suspects at gunpoint after shooting out their tires, police say
A homeowner shot out the tires of a suspect vehicle during a burglary and held the suspects at gunpoint until deputies arrived, according the Ontario County Sheriff's Office.
The homeowner on O'Neill Road in Richmond saw something alarming through his home security system late Sunday night, according to Undersheriff Michael Rago.
"He was receiving live surveillance footage of two individuals entering a property that he owns," Rago said. "He lives close by, and while he remained on the phone with the 911 center, he responded to the location."
Rago said the homeowner arrived to find a suspicious vehicle parked discreetly on the property and lights flickering inside the home. The homeowner then grabbed a shotgun, called out to whoever was inside and shot out the vehicle's tires.
"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.
Robin
.577 Tyrannosaur.
"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.
Awesome!
Robin
Awesome!Robin
Jmac00
.475 A&M Magnum
"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"
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"
thughes
.223 Rem
Yep. He didn't "have" to go to the house, after seeing them on the ring camera, and confront them. He's the aggressor!
(in TX, he could have just gave them the room temperature test and been done with it)
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.
Burglars were likely intimidated.
spat
.950 JDJ
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.
Brawny71
.223 Rem
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.
- Discharge of a firearm within village/ town limits may be applied depending
- Display and use of firearm; he should remember the phrase “I was worried I would be seriously injured as they entered illegally"
- Damage to property
None of the above do I agree with, but that is the land we reside on. He was legal to go and check on his property, he was legal to have the firearm, he was legal to hold the firearm (Muzzle down non-threatening) just in case. Muzzle at someone becomes assault unless they are threatening, firing requires some justification as well.
urjustamemory
.40 S&W
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.
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.
The ny judicial system blows. Always has for as long as I can remember
1075tech
.338 Win Mag
It's NY. Burglars will likely get an appearance ticket if that.
Homeowner will likely be charged, imprisoned, and financially destroyed regardless of whether he's convicted of anything
Saltwater60
20×102mm Vulcan
Sheriff says no charges as it stands. I’m a bit shocked.
spat
.950 JDJ
The text of the law might be the same across NY, but the application in different counties are *very* different.
spat
.950 JDJ
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.
2WheelGnnr
6.5 Creedmoor
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
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
Brawny71
.223 Rem
Great to hear. Keep that Sheriff and DA in office!!
Far king
.357 mag
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.
Brawny71
.223 Rem
…..because Lady Justice is blind…..
And at this point, running on feelings, WA wa.
Brawny71
.223 Rem
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fast ed
22lr
500 foot law does not apply if you own house