The charges against the New Hampshire man who fired a warning shot into the ground have been dropped
Yesterday I wrote an article about Dennis Fleming and his legal woes. In case you missed the story: Dennis Fleming is a resident of New Hampshire who single handedly stopped a thief who had broken into his house, and the house of his neighbor, by yelling freeze while shooting a warning shot into the ground. For his heroism he faced seven years in jail on a felony charge for reckless behavior which could have netted him more jail time than the thief he stopped.
Today I have the pleasure of informing you that all charges have been dropped against Dennis Fleming and he will no longer face felony charges for his actions. Here is what Strafford County Attorney Tom Velardi had to say about this decision:
My review of this situation was based on the circumstances under which the 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 felony reckless conduct, but subsequent facts discovered since have led me to believe that such a charge under these circumstances would be unjust
The New Hampshire constitution is quite clear regarding gun rights, more clear than even the United States constitution; the New Hampshire constitution, in article 2A, states that “all persons have the right to keep and bear arms in defense of themselves, their families, their property and the state,” and today the New Hampshire constitution was reaffirmed and upheld.
Justice has been served in this case!
America's Watchtower 
Justice – for a change. Chalk up one for the good guys…WM
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Every once in awhile the good guys win one, and this is one of those times!
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Yes!!!!!!!!!!!!!!!
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A great day for justice in New Hampshire!
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Next time he won’t waste ammo on a warning shot..
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Yep, he almost would have been better off if he had shot the perp in the first place.
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As it should be! Of course here in Illinois, it would not turn out that way. Sad, isn’t it?
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It is sad, in my opinion this was a clear cut case and I am glad it turned out the right way. This would not have turned out this way in many states, but all states should learn from this example.
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You have that right. Here in the Peoples Republic of Illinois it’s considered an honor to violate the 2nd Amendment.
Phil
Joliet, Illinois
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That is a sad state of affairs!
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Phillip, we do have our “issues” here in Illinois, don’t be? Did you read that Rahm Emanuel wants the Gov. to pass a bill that will require handguns be registered at $65 a pop and if you don’t have the money you surrender them. THEN, if they find out you have any in your house unregistered it will be a Class 2 Felony. I also read that they want to put a “sin tax” on ammo here,,,,,only in Illinois this could happen.
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Whew Lou, that is some tough stuff there. I wish the best for you out there.
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“The facts available at the scene on Saturday supported the charge of felony reckless conduct…”
Unless there were people living underground in the area of the shot fired this nothing more than bullshit from a 2nd amendment hating liberal.
Remember liberals care nothing of the law, the end justifies the means to them. The end is to intimidate law abiding citizens no matter the situation or consequences to the victims.
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It is still bothersome that Fleming was considered guilty before he was released. It seems as if the police should have finished the investigation before charging him in the first place.
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I was going to say something in the original post, but somehow I knew that NH wouldn’t let this injustice occur. On the other hand, if the poor sap was in California they would have thrown away the key.
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I was hopeful of the outcome but the truth is you just never know nowadays. The police still thought there was enough evidence at the scene to charge him before the investigation was complete. It seems as if the charges shouldn’t have even been brought forward until all the facts were in.
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Is the arrest still on his record ? It can take years (and money to lawyer for a backroom “handshake”) to get it removed. How about his guns,they took 8 rifles and that 38 I think,has he had them returned? If not is ability to protect himself and his family is surly diminished while the PD holds his guns.
I agree with Phillip, I don’t think the liberal county attorney counted on such wide coverage and then backed down.Liberal like to do their antigun efforts “under the radar”
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I don’t know if the arrest is still on his record, but I do know he was photographed and fingerprinted. Two hours after the charges were dropped he was allowed to take his weapons home.
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Good they dropped those charges!! That’s absurd how they came to a conclusion before gathering all the evidence but along with the other comments. Liberals! All talk with little or no action! It’s as if Mr. Fleming decided to randomly shoot at the ground just for the fun of it with no regard to his surroundings! I’m glad the charges were dropped!
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This was a nice little victory and I only wish they had taken in all the facts before they made the arrest in the first place.
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Maryland is another state where self-defense is a prosecutable crime and the real criminals are the “victims.” There’s currently a similar case in southern Maryland that appears headed for trial where a Marine with an unblemished record, fearful for his family’s safety, confronted 3 men creating a violent disturbance outside his home and became belligerent toward him when confronted, so he fired a single rifle shot into the ground to disperse them. He then called the police himself to report the incident. The police arrived and confiscated his rifle and cited him. Now he’s been charged with multiple counts of reckless endangerment and possibly a prison sentence and less than honorable discharge from the Corps. The prosecutor has political ambitions and refuses back down on the charges.
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