CT man fires shot to scare off burglar, both arrested

KimberCT

KimberCT

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[angry]

EAST WINDSOR - Two men were arrested on numerous charges Saturday, police said, after a homeowner fired his shotgun out his window to drive away a would-be burglar.


Alan Pelletier, 45, of 95A Main St. in the Broad Brook section was charged with first-degree reckless endangerment, unlawful discharge of firearms, and second-degree breach of peace by threat, police said.


Delroy A. Martin, 24, of 794 South St. Suffield, was charged with second-degree assault, criminal mischief, breach of peace, and criminal attempt to commit burglary, police said.

Officers responded to a call about 8:15 p.m. Saturday, police said.

"It appears Martin was attempting to break into 93 Main St. when shots were fired," Capt. Roger T. Hart said.

"It appears Pelletier shot a 12-gauge shotgun out the rear window of 95A Main St., presumably in an attempt to scare away the suspect," according to Hart.

No one was injured from the shooting, police said.

"When we arrived several people were holding a black male down," Hart said.

That man, Martin, was "attempting to break into a residence, using a garden tool to break down the door," according to Hart.

Martin appeared to have been intoxicated, and damaged multiple unit doors, Hart said.

Martin was held in lieu of $100,000 bond and was scheduled to appear at Enfield Superior Court today.

Pelletier was released on $10,000 nonsurety bond and is to appear on Jan. 22 at Enfield Superior Court, Hart said.
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Article
 
He should have let him come in then put one right to the chest.

Then he wouldn't be in legal trouble and the state of Connecticut would not have to "rehabilitate" the yooth.
 
Jose said:
He should have let him come in then put one right to the chest.

Then he wouldn't be in legal trouble and the state of Connecticut would not have to "rehabilitate" the yooth [sic].
Click to expand...

Try actually READING the article.

"It appears Martin was attempting to break into 93 Main St. when shots were fired," Capt. Roger T. Hart said.

"It appears Pelletier shot a 12-gauge shotgun out the rear window of 95A Main St., presumably in an attempt to scare away the suspect," according to Hart.
Click to expand...

In case you still missed it, it wasn't the shooter's home the thug was breaking into. [rolleyes]
 
Even if it was his home and he shot the guy he'd be in even more trouble. Here in Connecticut we're not allowed to use our weapons in defense of property.

We can only use deadly force if the person attacking you is also using deadly force. Also, you are not allowed to use deadly force if you have the ability to retreat or give them what they want.
 
Kimber said:
Even if it was his home and he shot the guy he'd be in even more trouble. Here in Connecticut we're not allowed to use our weapons in defense of property.

We can only use deadly force if the person attacking you is also using deadly force. Also, you are not allowed to use deadly force if you have the ability to retreat or give them what they want.
Click to expand...
Somehow this doesn't smell right.

Even in Mass one is allowed to use deadly force if in fear of one's life and retreat from one's home is not required.
 
Jose said:
Somehow this doesn't smell right.

Even in Mass one is allowed to use deadly force if in fear of one's life and retreat from one's home is not required.
Click to expand...

At one time the law in MA read pretty much like the one in CT. You had to flee your own home if at all possible. Even a threat to another family member in the house wasn't sufficient justification. That law was changed several years ago, but it's replacement is a far cry from the castle doctrine.

Gary
 
the state of Connecticut would not have to "rehabilitate" the yooth
Click to expand...

lets clarify this..... the state of Conneticut would not have to waste money trying to rehabilitate the youth. Cant rehabilitate shitbags. A shitbag is always a shitbag....
 
O.K. this topic came up for me today.The guy that works for wanted to celebrate "Friday like the Iraqis" and said unload the mag in the air. Of course I said, are you crazy? But seriously, if and when caught what is the penalty in mass. Not really in the mood for all kinds of research right now. Thank and sorry to those who think it's dumb.
 
jlotta said:
O.K. this topic came up for me today.The guy that works for wanted to celebrate "Friday like the Iraqis" and said unload the mag in the air. Of course I said, are you crazy? But seriously, if and when caught what is the penalty in mass. Not really in the mood for all kinds of research right now. Thank and sorry to those who think it's dumb.
Click to expand...

That sh*t will get you arrested in all 50 states where just about every single town, city, and county has an ordinance against the discharge of firearms outside of an approved shooting facility unless it is for self defense.

Anyone wanting to shoot off a few in the air to "celebrate" is a certifiable moron that needs to have his a$$ kicked hard.
 
Scrivener said:
...In case you still missed it, it wasn't the shooter's home the thug was breaking into. [rolleyes]
Click to expand...

I know it is a different state, but compare it to what happened here:
Houston man shoots burglars-Screwed the pooch?




Jose said:
That sh*t will get you arrested in all 50 states where just about every single town, city, and county has an ordinance against the discharge of firearms outside of an approved shooting facility unless it is for self defense.

Anyone wanting to shoot off a few in the air to "celebrate" is a certifiable moron that needs to have his a$$ kicked hard.
Click to expand...

ATF Promotes a Safe New Year's Celebration

http://www.prnewswire.com/cgi-bin/s...07/0004728303&EDATE=THU+Dec+27+2007,+04:51+PM
 
Last edited:
Kimber said:
Even if it was his home and he shot the guy he'd be in even more trouble. Here in Connecticut we're not allowed to use our weapons in defense of property.

We can only use deadly force if the person attacking you is also using deadly force. Also, you are not allowed to use deadly force if you have the ability to retreat or give them what they want.
Click to expand...

The defense of property part of what you say is in general true, but the law makes a separate distinction for defense of premises (your home) which does allow deadly force to "prevent or terminate an unlawful entry by force". So if someone breaks into your home, or attempts to, you may use deadly force to stop them.

http://law.justia.com/connecticut/codes/title53a/sec53a-20.html

The very fact that someone breaks into your home, or attempts to, justifies deadly force, which makes the defense of property point moot in this case. Also, in your home, deadly force is also allowed if you believe a tresspasser will attempt "any crime of violence" which on the face of it would include assault and other cases of physical but less than deadly force by the trespasser.

There is also no obligation to retreat when in one's home or place or work.

http://law.justia.com/connecticut/codes/title53a/sec53a-19.html

Just last month I wrote to my state representative about extending these rights to other places and also protecting against civil and criminal liability when deadly force in used in a lawful manner. I received a professional response indicating this would be put under consideration when the Judiciary Committee starts hearings in February.
 
Jose said:
That sh*t will get you arrested in all 50 states where just about every single town, city, and county has an ordinance against the discharge of firearms outside of an approved shooting facility unless it is for self defense.

Anyone wanting to shoot off a few in the air to "celebrate" is a certifiable moron that needs to have his a$$ kicked hard.
Click to expand...

+1 Damn Right!

http://en.wikipedia.org/wiki/Shannon's_law_(Arizona)
Outlaws celebratory shooting in Arizona:

Shannon Smith was just 14 years old when she was killed by a stray bullet from a gun used in the practice of celebratory gunfire (guns that are fired into the air as part of a celebration). A typical teen, Shannon was in the backyard of her parent's home talking on the phone to a friend on that Monday, June 14, 1999, when from out of the sky, a bullet stuck her, killing her instantly, ending her brief life. In their grief and out of determination to take action that would result in the elimination of this dangerous practice, Shannon's parents, Otis and Lory Smith set out to change the law. Their hard work led to the passage of what is called, "Shannon's Law." In the State of Arizona it is now a class 6 felony to engage in celebratory gunfire.


No offense jlotta, but if your friend from work is considering this, they need to turn in their firearms because they are exactly what we do not need in our sport. We are by no means an endangered species yet, but s*it like this will enact further laws.
 
dsm,

Wow, you're absolutely correct. I'm honestly shocked. It's been drilled into my head for so long that defense of your property, including home, was not allowed. Everyone from my NRA safety instructor to local LEOs have echoed the same thing.

Yet that article and even this "plain english" interpretation for juries says it's perfectly legal to defend your home with deadly force.

I actually feel better now knowing this. Still don't want to ever have to put it to the test though. [wink]
 
In_God_We_Trust said:
No offense jlotta, but if your friend from work is considering this, they need to turn in their firearms because they are exactly what we do not need in our sport. We are by no means an endangered species yet, but s*it like this will enact further laws.
Click to expand...

No no, don't turn them in, they'll just get melted down into a manhole cover. We can't waste good guns like that. [wink]
 
In_God_We_Trust said:
Their hard work led to the passage of what is called, "Shannon's Law." In the State of Arizona it is now a class 6 felony to engage in celebratory gunfire.
Click to expand...

It's sad that this actually had to get passed as a law. What ever happened to common sense?!?! Did the guy never go to physics class or something?
 
Kimber said:
dsm,

Wow, you're absolutely correct. I'm honestly shocked. It's been drilled into my head for so long that defense of your property, including home, was not allowed. Everyone from my NRA safety instructor to local LEOs have echoed the same thing.

Yet that article and even this "plain english" interpretation for juries says it's perfectly legal to defend your home with deadly force.
Click to expand...
That's why I never believe anything anyone tells me regarding laws until I look it up myself.

A lot of people, including cops, think we don't have Castle Doctrine in Ohio. But we do. I found it in the Ohio Revised Code and it is there as clear as day.
 
What annoys me is the presumption that someone is going to be prosecuted. States with a true Castle Law provide protection from criminal (and in some state civil) litigation as long the use of force was justified.

In our Orwellian state, the presumption is that the use of force was not justified and that the homeowner will be persecuted. I mean, prosecuted. [angry]

That's just plain wrong. Not unexpected in this state, but wrong.

Gary
 
Garys said:
What annoys me is the presumption that someone is going to be prosecuted. States with a true Castle Law provide protection from criminal (and in some state civil) litigation as long the use of force was justified.
Click to expand...

And whether or not the use of force was justified is often something that is left to a jury to decide [wink]
 
M1911 said:
And whether or not the use of force was justified is often something that is left to a jury to decide [wink]
Click to expand...

In this state. In many others that determination is generally made by the DA when he decides not to prosecute or the Grand Jury when they no bill on the charge. The presumption being that a person on their own property has an inherent right to self defense. Which doesn't exist in this state.

Gary
 
Garys, actually, it is true in many states. In most states, just because you were in your home when you shot someone is not an automatic "can't be prosecuted" card.
 
M1911 said:
Garys, actually, it is true in many states. In most states, just because you were in your home when you shot someone is not an automatic "can't be prosecuted" card.
Click to expand...

+1

In Ohio you have to be able to articulate that you had a reason to believe that you were going to be killed or severely injured.
 
M1911 said:
Garys, actually, it is true in many states. In most states, just because you were in your home when you shot someone is not an automatic "can't be prosecuted" card.
Click to expand...

But in many, it's not true. Florida was the first, but sixteen others have since passed similar legislation. Several more have common law that makes them "stand your ground" states and don't require retreat.

Ohio has no stand your ground common or statute law, which actually puts it behind MA.

Gary
 

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