New Hampshire man jailed for defending his property
Last week New Hampshire resident Ward Bird reported to the New Hampshire State Prison after the state Supreme Court upheld his conviction for criminal threatening. Because of the state mandatory sentencing guidelines, Ward Bird was sentenced to serve at least three years in state prison.
In 2006 a woman showed up on his property–which was clearly marked with “no trespassing” signs–looking for directions to property that she was thinking about buying. She claimed that Ward Bird came out of the house waving his .45-caliber handgun at her and shouted profanities at her. But that is not what happened according to his wife, who said this:
He had a gun but he didn’t point it at her, even though that’s what she said at the trial,” said Ward Bird’s wife, Ginny Bird. “He had been trying to get her to leave for a long time and held up the gun to check the safety as he was coming into the house to call police and tell them there was a trespasser on our property
Ward Bird is not one of those loners who hates people and doesn’t want them anywhere near him, he is a staple of the community. He is a father of four, has never been in any trouble, and in fact is a local Boy Scout leader. In fact, the woman who lodged the complaint spent time in jail for animal cruelty–this little fact was not allowed in court–and in fact was on Bird’s property illegally. She has now left the state and is living somewhere in the south.
Support has been growing for Ward Bird and many believe that the wrong person was put on trial back in 2009:
He, like many of us, was under the false impression that he had a right to defend his property from trespassers and that he was within his rights to bear arms to effect their removal. And he assumed that the police and County Attorney’s office would actually prosecute the trespasser, not the property owner defending his rights. The idea of him sitting in prison for the next three years is a preventable miscarriage of justice
Ward Bird had the opportunity to plea his way out of jail time, but the plea bargain would have cost him his right to own and carry firearms. He decided to take a stand, fully believing that he did nothing wrong and had the right to defend his family and his property. He stood up for all gun owners across the state when he easily could have backed down and for that he has lost his freedom. The New Hampshire constitution is pretty clear when it comes to gun rights, even more clear than the United States constitution: “All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.”
Ward Bird thought he had the constitutional protection to defend his property, but alas he was proven wrong by a jury of his peers and must pay the price. The jury concluded that there was no reason for Ward Bird to feel he was threatened enough to pull out his gun in the first place and that is why he was convicted for threatening. There is a fine line here: if he came outside with his gun not knowing who was there I do not see a problem with his actions from beginning to end. According to the other witness that night, he never waved the gun at the “victim” but as the “victim” was leaving he raised the gun to check the safety before heading inside.
Support is growing for Ward Bird all across the state and the pardon process has already begun. Recently it was learned that Bird’s request for a transfer from the state prison to a county prison has been accepted and he will be allowed to serve his sentence in Carroll County House of Correction.
And in the latest news on the Ward Bird saga, the judge that originally presided over the case back in 2009 and sentenced him feels as if the penalty if too harsh, claiming that if it weren’t for mandatory sentencing he wouldn’t have sentenced Bird to do any jail time.
Houran wrote in his 2009 order that if the requirement for a three- to six-year prison sentence weren’t mandatory, he would have given Bird a 12-month sentence in the Carroll County House of Corrections with immediate work-release — and administrative home confinement with electronic monitoring after the first six months of the term. That would be followed by two years of probation.
The judge also wrote that he recommended “in the strongest possible terms” to the commissioner of the Department of Corrections that “the interests of justice, punishment, deterrence and rehabilitation, as well as fiscal common sense, would be best served by work-release after the mandatory quarantine period” of up to 21 days.
Ward Bird was convicted by a jury of his peers and the judge used mandatory guidelines in sentencing him, there was nothing the judge could do, even though he thought the punishment did not fit the crime. Normally I support mandatory sentences because they serve as a sort of check on the judges; they do not allow a judge to give a lenient sentence to hardened criminals. But Ward Bird is no hardened criminal (confirmed by the fact that he was allowed to remain free during the appeal process) and in this case it seems as if the mandatory sentencing sent a family man to jail who otherwise would have been sentenced to work-release. In this case it seems as if a terrible miscarriage of justice has taken place in New Hampshire.
As support for Ward Bird continues to grow all across the state of New Hampshire all eyes will be focused on Governor John Lynch. He has the power to correct this affront to our liberties by pardoning a man that was simply defending his property. Earlier this year the governor signed into law a bill that allowed violent criminals and child molesters to be released early in order to save the state a few dollars. If he can do something as vile as that in good conscience, surely he can free Ward Bird.
If and when the pardon request makes it to his desk he should do the right thing and free Ward Bird.
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- Ward Bird’s pardon request to be heard by the New Hampshire Executive Council tomorrow « America's Watchtower
America's Watchtower 
“Live Free or Die” indeed. If this man stays in jail I think you all need to change your license plates.
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I am hopeful that this story will have a happy ending, it just may take a little time.
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You are so right! This is a complete travesty! Please, please keep us up-to-date on this. I am very interested to find out what happens with this case. I hope there is a way to make this story go viral and maybe even get it on FOX news.
Thanks for the update. I thought this was a done deal and had gone away. I guess I was wrong. (head shake)
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I will be updating this story as more comes in. It was in the Union Leader almost every day last week, hopefully it will continue to be a front page story until Ward Bird is released.
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How was this man convicted without any collaborating witnesses? Or did I miss that?
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Now that is a damn good question! It was his word against the word of a woman who spent time in jail for animal cruelty–of course the jury didn’t know about the cruelty conviction, but if they had maybe Ward Bird would not be in jail right now.
The only witness to the scene was Bird’s wife and she testified that Bird simply raised the gun to check the safety before heading into the house.
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If the wife testified, then how in the world did the jurors come to a guilty conclusion? That makes no sense. Just curious, by why didn’t his ‘no trespassing’ signs legally create a boundary that she was not permitted to pass?
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More good questions! I think the jury determined that he had no need to bring the gun outside in the first place–that must have been their reasoning–but how would he know he was in no danger before he brought the gun outside?
The woman was tresspassing and his property was clearly maked with “no tresspassing” signs, it seems to me that she was the only one who committed a crime here.
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Laws vary from state to state. I think if he was in Texas this would have been a non issue. You’re right, the governor can fix this with a swipe of the pen though.
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You are right, the laws do vary from state to state. But while this would surely be a non issue in Texas, New Hampshire has some of the least restrictive gun laws in the nation. That is why this case is so puzzling, this would normailly be a non issue in New Hampshire. New Hampshire recognizes a person’s right to defend himself, his family, and his property, so this ruling goes against what is considered the norm here in New Hampshire. I can only hope that the governor does what is right in this case.
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This story is deeply disturbing Steve. I find myself asking this same question far too often these days. How have reached such a place in America? How many more people will have to go to jail before we stand up and in one voice say enough? Keep us updated Steve.
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I agree with you completely John. I don’t get it either. Why are Americans so apathetic? Do they not realize that one day this could be them?
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Why are Americans so Apathetic?..Its mind control. I had my political awakening
two years ago when i was 36. I since have been trying to get my friends to wake up but they are to interested in ,mostly sports. This country is in the last stages of Ideology Subversion. Its sad. I hope the Gov. Pardons this man but i doubt he will. Its just another law bidding citizen they were able to Felonize and Disarm.Once again its sad.
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There are so many diversions nowadays that people don’t focus on the really important issues. Why should they follow the depressing news or politics when they can turn on a baseball game or Dancing with the Stars instead, that is how they feel.
Americans need to get their priorities straigh before it is too late!
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I ask myself the same question John? How did we ever let it get to this point? We need to stop this madness or one day we may be the one who is wronged and sent to jail.
I will keep the updates coming as news comes in.
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Sounds like a Setup Homerun to me..
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Wow!!!
This is ridiculous. I was reading it and not believing what was in front of me…
I’m just in awe, I don’t even know how this can come out of the “Justice System.” Absolutely bogus!
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This is a travesty of justice to say the least! New Hampshirites take the second amendment very seriously and we are not going to sit idly by and watch the government step all over our right to kee and bear arms. I expect a pardon to make it to the governor’s desk and I think that he will sign it. But it should have never made it to this point in the first place!
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I NEVER support manditory sentencing for exactly this reason. We need to let judges have the descretion they need and then GET RID OF THEM if they they don’t use it properly!
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I have always supported minimum sentence guidelines as a way to check that judges didn’t impose lenient sentences on people who deserved to have the book thrown at them, but this case has me rethinking my position.
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The “peers” who convicted him are idiots and should never be allowed in a court again, much less on a jury. This is what happens when some are too liberal with the stupid gene and allow it to propegate. But, I have faith that common good and sense will prevail, but it may be too late for Mr. Bird’s reputaion and lost liberty (Constitution???). Perverted Justice at it’s worst and the masses allow it. Stupid people should have manditory sentencing guidelines as well.
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I was debating writing this comment. And I still dont know if it is the right thing to do. But I want to welcome you all into the American Justice System. Were your “peers” have rules of conviction. Honestly, when was the last time you heard a not guilty come across the jury? Because they are bound by law in case not to they have rules that make them. And it is to bad nobody has the guts to stand up and say this isnt right! We are not a communist state! But we are. Its a sad fact. Especially when you seen it from the other side. Men in Jail for 6 years for Conspiracy to disrupt commerce, Annoying the opposite sex, Attempted manufacturing, I’ve seen all these. Now tell me 1 person who isnt guilty of annoying the opposite sex?
Now I sit here looking down the barrel of 3 strikes, a search warrant off my x-wifes words, and catching 2 people breaking into my home. I face life, for defending my home with a weapon. Live free or die is a joke. Land of the free is a lie. Dont delude yourselves. And this man here is also proof of it. Sorry to pull the wool over your sugar coated world. But we can all go to jail, we can all do time, for what ever the prosecutor wants you for. WELCOME TO AMERICA!
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If you have any info on your case please send it to me, if you are trully not guilty I will help to get the word out there.
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I would love to get you the information. But cannot Find your e-mail. And rather not be open and to public about it. Fearing more backlash from the state. Remember I seen the truth about who gets put in jail. And for what. My e0mail is attached to the post.
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You I assumed he at least pulled the trigger. So now he couldn’t show the gun ON HIS OWN PROPERTY????
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