NY - Burglary, homeowner shoots fleeing vehicle w/AR-15 and goes to jail.

General General Discussion
1

http://www.lockportjournal.com/local/local_story_022003301.html

TOWN OF LOCKPORT — State police say two attempted burglary suspects are in jail, and the homeowner targeted in the break-in Thursday morning is charged with reckless endangerment after firing shots at their car.

There were no injuries in the incident on Akron Road.

State police arrested Jenna M. Zsebhazy, 18, of Washburn Street, Lockport, and Anibal R. Cordero, 24, of Dysinger Road, Town of Lockport, on felony second-degree attempted burglary charges.

The homeowner, Dennis F. Cherry, 63, 7643 Akron Road, was also arrested during the same incident. He was charged with first-degree reckless endangerment, a felony; second-degree criminal mischief, a felony; and second-degree menacing, a misdemeanor.

Troopers and Niagara County sheriff’s deputies responded about 11:23 a.m. to the Akron Road residence near Royalton on a report of a burglary in progress and shots fired.

State police investigators piecing together events said the suspects drove to the residence together, and Zsebhazy tried to enter the house through an open garage door.

Both suspects were confronted by Cherry, who had a Colt AR-15 rifle, investigators said.

Cherry reportedly detained Zsebhazy, while Cordero tried to escape in the vehicle.

The homeowner then proceeded to fire approximately 15 rounds from his rifle at the vehicle, according to the report.

Police said Cordero fled the area on foot and was caught by officers a short time later in the woods.

State Police spokeswoman Rebecca Gibbons said Cordero was caught before a helicopter came to assist in the search.

Chief Deputy Steven C. Preisch of the sheriff’s office said the two suspects are persons of interest from a past robbery at the same location earlier this week, where a handgun was stolen.

Zsebhazy, Cordero and Cherry were arraigned before Royalton Town Judge Gregory Bass.

Zsebhazy and Cordero were taken to the Niagara County Jail, where they were held in lieu of $5,000.00 bail.

Cherry was released on his own recognizance and is due back in court later this month.

Zsebhazy and Cordero are due back in court at 5 p.m. Feb. 1.

2

Hmmm…

Unfortunately from what little I have read this indeed sounds like a bad shoot.

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I agree. I posted it as an affirmation that shooting at fleeing asshole burglarizing pieces of shit is still against the law.

4

Not only that, but every bullet has a lawyer attached to it. 15 rounds of 5.56mm and he didn’t hit the guy in the vehicle. Where did those rounds wind up? All lodged in the frame of the vehicle? Somehow I doubt it.

Kudos to the guy for aggressively confronting the burglars, but unfortunately emotion and adrenaline took over.

5

Wow, this isn’t far at all from where my GF grew up. Been to Lockport plenty o’ times…I’ll have to see what more I can dig up on this.

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Sucks to here about his lack of judgement. Stands as a lesson of “What not to do.”.

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Yep, good example of what not to do. Maybe he can cut a better deal than the one that the douche bags will probably be offered by the prosecutor.

8

Good on him for being armed and prepared but he went from defending homeowner to suspect when he was no longer the victim and became the aggressor.

I too would like to know where those rounds ended up. Hopefully not lodged in the neighboring residences.

9

Was the victim (homeowner) originally from Texas? If so, he should move back…

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Once the risk of bodily harm to yourself or those on your property is no longer there, the justification for using deadly force in a legal sense isn’t there anymore. Looks like a bad shoot to me. Hell, even a cop cannot shoot on a fleeing suspect unless the suspect poses a threat of injury or death to the police or others should the suspect escape.

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I’m glad I don’t live in New York, or any other populated area. We’re on a ranch 70 miles from the closest town and here in New Mexico we use a techique called:

“The Triple S”

Here in Cowboy Country that means: Shoot, Shovel, Shut UP

A fitting end to some dirtbag who would come in on you in the middle of the night and threaten life and property. If you dispatch them to the flaming regions and call the authorities, you would probably loose your firearm for a while, but then be vindicated in your actions by the local District Attorney.

Where you run into problems is the possible civil suit that drains you of up to $100,000 in legal fees fighting the surviving family of the burglar, now shoveling brimstone.

The Triple S is the only way to go in rural New Mexico. In this case mentioned above the homeowner needed to kill both while they were still in his house, not shoot at a fleeing vehicle.

OH58D

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In Texas you can shoot fleeing robbers.

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

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The “Triple “S””. That is the most ignorant thing I have read all day.

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How about shot in the back while they’re wearing handcuffs? It does happen. http://www.lasvegasnow.com/Global/story.asp?s=4909076&clienttype=printable

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Maybe for a city boy…:wink: Keep in mind that ranchers in this part of the rural American west are lucky to have a Sheriff’s Deputy arrive within an hour after a call, and that is if they’re not busy and the weather is good. I’m 4 miles off of a 2 lane County road and the nearest law enforcement is 70 miles away. We have no landline phone and cell service is spotty. I’m running my internet off of satellite and have two diesel generators for backup power. I’ve got between 12 and 18 inches of snow presently on my 7 Section spread and you’re not getting around out here except by horse or 4 wheel drive.

My closest neighbor is a fellow rancher and he’s 6 miles as the crow flies away. People out here are self reliant and have been for generations. I took over this family operation after retiring from the Army. When there’s no law to rely on, you rely on yourself. It’s serious business when you’re confronted by someone who wants to harm you or your family potentially during a break-in or confrontation in your home or on your ranch property.

If you make sure you’re still standing after the event, the other party is probably dead, and the perfect end for them is to just vanish, hidden under six feet of rock and dirt and a layer of Buffalo & Blue Gramma Grasses. Now they are contributing their organic nutrients to mother earth, and not victimizing living beings.

Such stories abound in the rural west.

OH58D

16

Sounds like the coal fields of southern West Virginia. And sometime this things need and do happen

17

Sentence that hip shooting bastard to target practice!

15 rounds and no hits? You’ve got to be kidding me.

18

Handcuffs are a temporary restraint, and a murder suspect poses a strong possibility of inflicting serious injury or death on someone should they escape. Tough one in court, but it can be articulated.

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Interesting. At least in the case of law enforcement, we cannot shoot a fleeing burglary suspect as was ruled in Tennessee vs Garner unless the suspect poses a threat of serious injury or death to the officer or others. I wouldn’t be surprised if the Texas law is changed once a “questionable” shooting incident occurs with a homeowner. I like the law, but I just don’t see it holding up in this day and age.

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I believe it also allows for you to protect your neighbors property. If I am remembering the case properly where the neighbor shot the burglar in TX a year or so ago.

I guess there is a reason they say don’t mess with Texas…

In the NY case, the guy had to be retarded to do what he did…