Crime

Update: Felony Charges Dropped Against NH Man Who Fired Warning Shot During Burglary

Dennis Fleming, the New Hampshire man who fired a warning shot at a burglar who was robbing his home, has had the felony gun charge against him dropped by the County Attorney’s office.

Felony Charges Dropped Against NH Man Who Fired Warning Shot During Burglary

(Photo Credit WMUR-TV)

It looks like common sense and respect for the 2nd Amendment have won the day in the “Live Free or Die” state.

A statement has been officially released that the reckless conduct felony charge against Fleming will not be pursued by County Attorney Tom Velardi, and Fox News confirms that the case will not proceed against him.

Felony Charges Dropped Against NH Man Who Fired Warning Shot During Burglary

WMUR-TV

Fleming had fired his .38 caliber revolver into the ground to foil a robbery in his own home, and was able to hold the suspect until police arrived. He was also arrested by police, however, for reckless conduct in the discharge of his weapon.

The County Attorney supported the initial decision on the scene to make an arrest, but after further consideration decided charges would have been unjust, writing in a press release that:

“My review of this situation was based on the circumstances under which a shot was fired and whether other citizens were placed or may have been placed in danger of serious bodily injury. The facts available at the scene on Saturday supported the charge of reckless felony conduct, but subsequent facts discovered since have led me to believe that such a charge under these circumstances would be unjust.”

The County Attorney also reminded New Hampshirites that all firearms owners are responsible for every round fired from their weapons, and he urged them not to become directly involved in the apprehension of criminals or suspects.

As for Fleming, the support he received in the media across the country was apparently not without impact. He has returned home and will no doubt be spending time with his fourteen grandchildren.

Comments (81)

1 2
  • bitter clinger
    Posted on February 23, 2012 at 5:03pm

    I hope they didn’t scratch any of his guns during their brainless confiscation.

    Report Post » bitter clinger  
    • Michael61
      Posted on February 23, 2012 at 5:34pm

      “The County Attorney … urged them not to become directly involved in the apprehension of criminals or suspects”

      Even “pacifist” Mohandas Gandhi would call this AG an idiot…

      Where there is only a choice between cowardice and violence, I would advise violence. – Mohandas Gandhi

      To take the name of non-violence when there is a sword in your heart is not only hypocritical and dishonest but cowardly. – Mohandas Gandhi

      Though violence is not lawful, when it is offered in self-defence or for the defence of the defenceless, it is an act of bravery far better than cowardly submission. The latter befits neither man nor woman. Under violence, there are many stages and varieties of bravery. Every man must judge this for himself. No other person can or has the right. – Mohandas Gandhi

      I have been repeating over and over again that he who cannot protect himself or his nearest and dearest or their honour by nonviolently facing death may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden. He has no business to be the head of a family. He must either hide himself, or must rest content to live forever in helplessness and be prepared to crawl like a worm at the bidding of a bully. – Mohandas Gandhi

      Report Post »  
    • Detroit paperboy
      Posted on February 23, 2012 at 6:40pm

      In Texas we fire warning shots into their backs as they’re robbing your neighbors house…. Google the name Joe Horn… And listen to that 911 call as he blew away two illegal aliens robbing his nieghbors….. No charges ever filed… God Bless Texas !!!!! Only armed citizens can PREVENT CRIME…. police investigate it after the fact….. Lock and load people, its whats gonna save us !!!

      Report Post »  
    • Detroit paperboy
      Posted on February 23, 2012 at 6:45pm

      The criminal justice industry is an enemy of the people, cops are simply revenue gatherers for a corrupt, bloated inefficient, criminal government…..

      Report Post »  
    • Bluefish49
      Posted on February 24, 2012 at 7:34am

      Ok the charges were dropped but how long will it take him to get back his rifles and handgun the police stole from Him?To

      Report Post »  
    • 000degrees
      Posted on February 24, 2012 at 9:11am

      Did he get his property (weapons) back? I am glad that it was figured out. I wish this much due diligence was going into DOJ’s transgressions.

      Report Post »  
    • smithclar3nc3
      Posted on February 24, 2012 at 10:22am

      You hit that nail on the head Detroit paperboy
      100 years ago Cops jobs were to keep the peace and allow free citizens to exercise their rights. Today police’ss job is to generate revenue by taxing citizens through unconstitutional regulation palced forth by primarily by progressive. HE77 the even tax you on what you might do but haven’t done like DD legislation. We ‘re seeing what Frankiln said come to light PEOPLE WILL TO TRADE LIBERTY FOR SECURITY WILL END UP WITH NEITHER LIBERTY OR SECURITY.
      aka gun laws passed to supposedly protect the city rob the law abiding of liberty. Police only show up after the fact with gun laws the law abiding have no security. NO LIBERTY NO SECURITY AND THEY CALL THAT PROGRESS. WHAT EFFING DUMA55ES

      Report Post »  
    • turkey13
      Posted on February 24, 2012 at 12:54pm

      If he’s smart he will put his house on the market and move to Oklahoma. Here in our little county unemployment last month dropped to 4.8%. Solo Cup Co. and Home Depot have permanent signs out front saying, “Now Hireing.” My sons construction Co. can’t keep hired help and they start off $12.00 an hour. The problem is the people applying only know how to text on a cell phone and how to be a whiz on a computer. One 19 year old applied from the Votech and was a expert on heavy equipment. He demanded my sons start him off at $21.00 an hour and he would not get off to use a shovel which even my sons have to do. He was not hired and he tickled off my son that interviewed him and my son told him “not to let the door hit him in the butt on the way out.”

      Report Post »  
    • robert
      Posted on February 24, 2012 at 4:03pm

      Detroit paperboy
      Posted on February 23, 2012 at 6:45pm
      “The criminal justice industry is an enemy of the people, cops are simply revenue gatherers for a corrupt, bloated inefficient, criminal government…..”

      That they are. Notice in the small locales near you that the police are setting up speed traps everywhere in order to try to compensate for the revenue they’ve lost due to economic conditions.

      Here in Florida they’re inundating the freeways with state police and county mounties are on the other roads, and town police are pulling people over in record numbers for even the slightest infraction.

      The only thing we can do to curtail all of it is to wait until they get hit with even more budget shortfalls and layoff more police. They’re ranks are bloated anyway.

      The entire system needs to be cut back to skeleton crews, including the prosecutors and judges.

      There are so many of them now, they almost have to create crimes in order to have something to do.

      I wonder if all of the law enforcement/judicial types will be in the streets protesting when their pensions are cut or eliminated entirely.

      Report Post »  
    • chingachgook
      Posted on February 25, 2012 at 11:07pm

      @DETROIT PAPERBOY
      You are correct. More and more the police are used as revenue producing agents. This distracts from their real function of serving and protecting. Even the probation systems: for minor infractions. Instead of year no finding on such penalty for minor things it is more profitable to have a probation period where they can charge like $200 a month to report. Of course run by a private contractor.. DAAAAA. Let us get back to cops being cops!

      Report Post »  
    • The Jewish Avenger
      Posted on February 28, 2012 at 12:12pm

      @DETROITPAPERBOY

      Found this
      (P.S. I hate Google)
      Quanell X Chased Away by Joe Horn Supporters in Pasadena
      http://video.google.com/videoplay?docid=-2030703163732885998&hl=en

      Comments (biased leaning) no idea what CHRON is though
      http://www.chron.com/CDA/archives/archive.mpl?id=2007_4471491

      Wikipedia’s opinionated take on it.
      https://en.wikipedia.org/wiki/Joe_Horn

      Report Post » The Jewish Avenger  
  • Mil-Dot
    Posted on February 23, 2012 at 4:58pm

    “The County Attorney also reminded New Hampshirites that all firearms owners are responsible for every round fired from their weapons, and he urged them not to become directly involved in the apprehension of criminals or suspects.”

    Of course they can’t allow that. Then some fat cop will not get the trigger time they so desparately desire. New Hampshire. “live free or die” ha ha ha ha. Yeah, right.

    Report Post »  
    • petev1717
      Posted on February 23, 2012 at 5:14pm

      I agree 100% Cops are the most useless over paid state workers I know How do they justify there pay! They are always at the crime sene after the crime was committed thank god for citizens doing the cops work.

      Report Post »  
    • G-WHIZ
      Posted on February 24, 2012 at 11:42am

      What part of “the criminals steel/don’t-register or buy guns” don’t the law-wrighters get?

      Report Post »  
  • LBRTYorDTH
    Posted on February 23, 2012 at 4:42pm

    There are approximately 200 pieces of gun legislation being proposed in N.Y. State alone. By far most are anti gun legislation brought by opponents of the 2nd amendment.
    Here is a link to all the legislation as posted on the New York State Rifle & Pistol Association. https://www.nysrpa.org/files/nysrpa-lr.pdf
    Here is a link to information for the March 20th protest in Albany, N.Y.
    http://www.scopeny.org/
    “The Annual Sportsmen & Outdoor Recreation Legislative Awareness Day has been set for Tuesday, March 20, 2012 from 9:00am to 1:00pm in the “Well” of the State Legislative Office Building in Albany.
    The keynote address will be given by NRA-EVP Wayne LaPierre.”

    As for my opinion: I think it is time to start showing these politicians that we too can organize in large numbers. We have to at least be willing to take a day off from work to stand for the defense our liberties. Just think, a day from work may allow us to avoid the “worse case scenario”. This is not about changing the minds of the communists invading our political system. This is about the minds of those politicians sitting on the fence. The fence sitters are going to jump off to the side that shows the bigger crowds. And yes some will need to be bribed, oops, I mean lobbied. So please attend the protest and donate to your local or state rod & gun or sportsmen’s/women’s association. It is worth taking the day off from work.

    Report Post »  
  • UBETHECHANGE
    Posted on February 23, 2012 at 4:39pm

    Justice! This should not have even been considered a crime in the first place.

    Report Post »  
    • randy
      Posted on February 23, 2012 at 4:49pm

      I’m sure if they did a little more forensic work the the crime scene, they probably could have found he killed a protected species of earthworm. :)

      Report Post » randy  
  • NoNannyState4me
    Posted on February 23, 2012 at 4:39pm

    NH needs to adjust their laws a bit. The DA needs to STFU about telling people what they are responsible for, AND he better have gotten all his guns back.

    The ONLY reason Fleming got off the hook is due to the wide publicity and bad emails and calls they received as a result. Otherwise, Fleming would be going to jail for awhile.

    Law enforcement is NOT on our side…

    Report Post » NoNannyState4me  
  • TxSon
    Posted on February 23, 2012 at 4:21pm

    The moral of the story is don’t fire warning shots. If you fire your weapon, shoot to kill and don’t stop until the job is done.

    Report Post » TxSon  
  • cranberry
    Posted on February 23, 2012 at 4:19pm

    So if he had shot and killed the guy, would he have been charged with anything? Hard to believe that he held the guy until the cops could come then was charged. That burglar was very very lucky.

    Report Post » cranberry  
  • Mateytwo Barreett
    Posted on February 23, 2012 at 4:13pm

    The .38 IS a warning shot. The..45 in the other hand is for those who don’t listen. That holw over there? Yep, startin’ a root cellar.

    Report Post » Mateytwo Barreett  
  • BLACKDIAMONDSKIER
    Posted on February 23, 2012 at 4:08pm

    Where I live a warning shot is called a miss when aiming between the eyes. This criminal got an early Christmas gift from the NH man.

    The thought of arresting a homeowner after a burgulary is such a perverted sense of justice. We have raised a nation of fools.

    Report Post »  
    • NOT A CRAZY
      Posted on February 23, 2012 at 4:20pm

      Ditto!

      Report Post » NOT A CRAZY  
    • Choctaw25
      Posted on February 24, 2012 at 8:32am

      Hear Ye, Hear Ye, Hear Ye. ANY LEO that would arrest a homeowner after a burglary (100% knowledge that it is or was a burglary) isn’t a true dedicated Law Enforcement Officer. He should as always put in his report that the Homeowner acted in the defense of their home, property and FAMILY. If at a later date the leftist, liberal, communist democrat county attorney chooses to bring bring charges, then let the wrath of free people come down on him. This is why an alarming number of LEO’s are being shot in the line of duty, no one respects their judgement or character.
      After a lifetime of duty and involvement in Law Enforcement, I have absolutely no respect or admiration for the local LEO’s in my area. They act and look like Barney from Mayberry, it is a disgrace to watch. The crime and drugs are running amock and they don’t have a clue. The community knows where all the meth labs are, where the drug dealers are and who they are by name. When crimes occur the victim can tell the LEO’s who probaly did it. But there is no follow up by ANY of them. Go to the Sheriff of the County and he blows you off as an irate victim.

      Report Post » Choctaw25  
  • goahead.makemyday
    Posted on February 23, 2012 at 4:03pm

    I think someone will need a new job soon. This AG was stupid to even try to charge this guy and set a case for liberal judges to use against us. If a man broke into the AG’s home and attacked his wife would he step back and watch? Because apparently that’s what he wanted us to do.

    Report Post » goahead.makemyday  
    • Mil-Dot
      Posted on February 23, 2012 at 4:52pm

      But it ALL started with the cops. They were the idiots that arrested him in the first place. They are the ones that cannot stand the fact that others beside them have guns. The DA moron is just icing on the cake.

      Report Post »  
  • cuinsong
    Posted on February 23, 2012 at 4:02pm

    Is it my imagination that our legal systems seem to be more interested in criminal rights protection rather then protecting the rights of law abiding citizens? Why in the hell are we so upside down?
    This song was borne out of my frustrations!
    “What’s Wrong With This Song” http://www.reverbnation.com/play_now/song_9134749

    Report Post » cuinsong  
    • Mil-Dot
      Posted on February 23, 2012 at 4:55pm

      You see, the powers that be in all US institutions are the progs. They cannot permit conservatives that work for a living to shoot and hurt their fellow progs (most criminals are progs or Dems). That would dilute the pool of voters that will keep the gravy train moving. They cannot allow that.

      Report Post »  
  • libertytreecaretaker
    Posted on February 23, 2012 at 4:02pm

    Did he get his firearms returned to him?

    Report Post »  
  • In-God-I-trust
    Posted on February 23, 2012 at 3:56pm

    If citizens could protect their own property, there would be fewer criminals. They would know they don’t have to be in and out by the time the police come to catch them. Real criminals know that the law is on their side anymore.

    Report Post »  
    • Snowleopard {gallery of cat folks}
      Posted on February 23, 2012 at 4:06pm

      It’s as I tell people here in AZ, someone breaks into my apartment and they will be leaving one of two ways – gurney or body bag.

      Report Post » Snowleopard {gallery of cat folks}  
    • MidWestMom
      Posted on February 23, 2012 at 4:18pm

      In my neck of the woods the signs say: Trespassers Will Be Shot – Survivors Will Be Shot Again

      Report Post »  
  • martinob
    Posted on February 23, 2012 at 3:51pm

    There are rational people out there!! Chalk one up for the gun-toters!

    Report Post »  
  • docwatson55
    Posted on February 23, 2012 at 3:49pm

    “The County Attorney also reminded New Hampshirites that all firearms owners are responsible for every round fired from their weapons, and he urged them not to become directly involved in the apprehension of criminals or suspects.”

    Not directly involved? When someone is breaking into my, or my neighbor’s house? Darned tootin‘ I’ll be involved. What an idiot.

    Report Post »  
  • crusaderinsc
    Posted on February 23, 2012 at 3:37pm

    man, i thought NH had their schitt together on freedom, what went wrong? that attorney should be tar’d and feathered

    Report Post » crusaderinsc  
    • smithclar3nc3
      Posted on February 23, 2012 at 3:44pm

      they’ld never find a jury to convict him …..ever.
      Fact is they would end up on the hook for malicious prosecution.

      Report Post »  
  • NOT A CRAZY
    Posted on February 23, 2012 at 3:34pm

    He should have never been charged in the first place. LIVE FREE OR DIE.

    Report Post » NOT A CRAZY  
    • CatB
      Posted on February 23, 2012 at 3:46pm

      I agree .. they must have gotten a LOT of heat for charging him .. good people stood up!

      Report Post »  
  • Michael61
    Posted on February 23, 2012 at 3:32pm

    “The County Attorney … urged them not to become directly involved in the apprehension of criminals or suspects”

    What? Come again? What is the point to carry a weapon if you can not use it???

    So, if you carry a gun and see a robbery in progress, you just ignore it???

    What happened with “citizen arrest”???

    Report Post »  
    • 13th Imam
      Posted on February 23, 2012 at 3:42pm

      I wonder how much trouble I would be in if the County Prosecutor’s wife was being assaulted in front of me. And I did nothing. Or his daughter.

      Report Post » 13th Imam  
    • NOT A CRAZY
      Posted on February 23, 2012 at 4:27pm

      Or the AG himself. What if the NH AG was being assaulted right in front of you and you knew how he had already charged this hero with a felony for firing a warning shot SAFELY into the ground. I think I would just have to stand by and let nature take its course. I would not risk defending him on the grounds that if I did he might charge me with a felony. BTW, our soldiers are operating under this same duress. How many times have our soldiers been charged recently because they were doing their jobs? It is to the point that our soldiers have to risk their lives or risk their freedom.

      Report Post » NOT A CRAZY  
    • 13th Imam
      Posted on February 23, 2012 at 4:52pm

      Not
      It would be rather fun to stand by and watch the AG get pounded , then stand over him while calling for an ambulance, while explaining why I just stood by.

      Report Post » 13th Imam  
    • Mil-Dot
      Posted on February 23, 2012 at 5:01pm

      If I see any DA or AG getting assaulted I am breaking out the popcorn and soda pop. I will just sit there and watch them get their teeth kicked in.

      Report Post »  
    • Michael61
      Posted on February 23, 2012 at 5:31pm

      Where there is only a choice between cowardice and violence, I would advise violence. – Mohandas Gandhi

      To take the name of non-violence when there is a sword in your heart is not only hypocritical and dishonest but cowardly. – Mohandas Gandhi

      Though violence is not lawful, when it is offered in self-defence or for the defence of the defenceless, it is an act of bravery far better than cowardly submission. The latter befits neither man nor woman. Under violence, there are many stages and varieties of bravery. Every man must judge this for himself. No other person can or has the right. – Mohandas Gandhi

      I have been repeating over and over again that he who cannot protect himself or his nearest and dearest or their honour by nonviolently facing death may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden. He has no business to be the head of a family. He must either hide himself, or must rest content to live forever in helplessness and be prepared to crawl like a worm at the bidding of a bully. – Mohandas Gandhi

      Report Post »  
  • 2GodBeTheGlory
    Posted on February 23, 2012 at 3:27pm

    Although I applaud the final decision to release him, I find it disheartening that the “enforcement of law” would even consider action against him. 100 years ago, he would have been applauding for his action.

    Report Post » 2GodBeTheGlory  
    • crusaderinsc
      Posted on February 23, 2012 at 3:38pm

      actually, 100 years ago, he wouldnt have missed.

      Report Post » crusaderinsc  
    • smithclar3nc3
      Posted on February 23, 2012 at 3:38pm

      Hundred years ago law enforcement job was keeping the peace,,,Now it’s generating revenue to support the bloated police unions. A hundred years ago the man would be a hero and the criminal would be dead as well.
      If someone from the past visited us today they wouldn’t recognized this country. Full of pompus a55 liberals and people get charged with assault for nothing more than bumping against someone. what a crime against this nation the justice system has cursed us with

      Report Post »  
  • Smokey_Bojangles
    Posted on February 23, 2012 at 3:25pm

    Some one should have a kick in the Nut sack for wanting to press charges to begin with! Did He get his guns back?

    Report Post » Smokey_Bojangles  
  • Thighmaster
    Posted on February 23, 2012 at 3:25pm

    In other words, let the criminal have your possessions you’ve worked for and just call the cops. Like the saying goes, when seconds count, the cops are only minutes away. How did that work for the guy who was killed while the cops were tending to OSW thugs? Oh yeah, the cops were only responding to emergencies… and the guy was killed…

    Report Post » Thighmaster  
  • AmIdreaming
    Posted on February 23, 2012 at 3:20pm

    I would like to know if he got back the other guns, I think it was six in the first article I read, that the police took when he was arrested. This article only addresses the dropping of the felony charge not the taking of the weapons by the police. It would be nice to know what action the police have taken with his other weapons.

    Report Post »  
  • hvy_gunner_0331
    Posted on February 23, 2012 at 3:19pm

    I suppose this puts every would be crook on notice: Warning shots will NOT be fired…

    Report Post » hvy_gunner_0331  
  • Chuck Stein
    Posted on February 23, 2012 at 3:15pm

    Good. But odd that it was even considered.

    Report Post »  
  • Noahide Ron
    Posted on February 23, 2012 at 3:12pm

    I’m glad it worked out for Mr. Fleming.
    As an aside NH is an open carry state.
    Live Free!

    Report Post »  
    • 13th Imam
      Posted on February 23, 2012 at 3:24pm

      Evidently, a gun may not be fired at a perp, but your can pistol whip a burglar. If NH is an open carry state, why would they arrest him , on his own property, in the first place? Also would a cop be able to use his gun to stop a burglar on his own property?? Or would he or she be arrested on the scene?

      Report Post » 13th Imam  
1 2

Sign In To Post Comments! Sign In

Sign Up For Our Newsletter!

Glenn Beck Radio

Listen to Glenn Beck 24/7 Listen Now
Restoring Love