(NY) Hero dad under the gun

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Drizzt

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Hero dad under the gun

Faces trial after shooting intruder

By PATRICE O'SHAUGHNESSY
DAILY NEWS STAFF WRITER


Protective Dad: Ronald Dixon's use of an unlicensed gun to protect his son, Kyle, when a burglar broke into their Canarsie home could land the ex-Navy man in prison.

Ronald Dixon froze in fear when he saw an intruder enter his toddler son's bedroom, and his heart pounded wildly after he fired two shots in a confrontation with the stranger. Later, upset that he might have taken a life, Dixon shook as the wounded man lay in his driveway.
The encounter was only the beginning of an emotional upheaval for the soft-spoken Brooklyn computer engineer.

A month later, Dixon's feelings still swing from relief when he smiles at his son, to terror about what could have happened, to dread about possibly serving time because he used an unlicensed gun.

"The only thing I could think about was my family - there was no telling what he would do to my children or girlfriend," Dixon said in an interview last week.

"If I have to go to jail on the weekends, I couldn't work," he added, his voice cracking. "I couldn't pay my mortgage."

On Dec. 14, Dixon shot a career burglar who allegedly broke into his Canarsie house. Dixon used a 9-mm. pistol legally purchased in Florida that he says he was in the process of registering here.

Long criminal record

Ivan Thompson, 40, who has a 14-page rap sheet for burglary and larceny, was wounded in the chest and groin. He is being held on $75,000 bail in a mental observation unit on Rikers Island, charged with burglary and criminal trespass.

Dixon, who holds two computer jobs, was charged with misdemeanor gun possession, and the Brooklyn district attorney offered him a plea bargain that would require four weekends on Rikers.

But Dixon's lawyer said any amount of time behind bars is unacceptable.

"Mr. Dixon is clearly a victim, and his family continues to suffer from what happened," said the lawyer, Andrew Friedman. "If necessary, we'll let a jury of his peers decide."

Dixon could get up to a year in jail if convicted.

District Attorney Charles Hynes is in the difficult position of prosecuting a hardworking, law-abiding Navy veteran for defending his family and home.

But there were 486 shootings in Brooklyn last year, and the borough remains awash in illegal firearms. A spokesman said Hynes cannot condone the use of an unlicensed gun.

"That doesn't mean the prosecution should go full steam ahead," said Friedman. "There has to be some common sense involved."

Dixon, 27, clutched a balled-up tissue, and his eyes filled at nearly every mention of his son, Kyle, who will turn 2 years old next month, and daughter, Brittany, 8.

"I work seven days a week. I have been doing it for three years, because I wanted a safe haven for my family," he said.

"Sometimes the kids are asleep by the time I get home, and they go to the baby-sitter and school before I get up. The great part is Mondays and Wednesdays, I pick them up at the baby-sitter's - my girlfriend goes to school - and I spend time with them."

Dixon came to the U.S. from Jamaica after graduating high school and served in the Navy from 1994 to 1997, in weapons ordnance.

He works as a network engineer at Carnegie Hall, Monday to Friday, and on weekends at a Wall Street financial firm.

He and his girlfriend, Tricia Best, and their children moved into the brick house in Canarsie in June.

"It was a very quiet neighborhood - maybe too quiet," Dixon said.

At 7:30 a.m. on a Saturday five weeks ago, Dixon was home in bed because he had called in sick. It was almost time for Kyle to wake up and run down the hall to his parents' room to watch his "Barney" video.

"I was supposed to be at work the night before, and would have gotten home about noon," Dixon recalled. "I was not totally asleep, and I heard a squeak in the floorboard. I opened my eyes and see a person snooping around, peeping around outside my bedroom.

"The only thing I could think of was my family. I didn't want to move, until he went to my son's room, and he went in."

Dixon said Best called 911, and he got his weapon from a closet and slowly crept up to the room. He said he saw Thompson rifling through dresser drawers.

"I went in ... I looked in his face, I didn't know this guy, I was so shocked ... In a nervous voice I said, 'What are you doing in my house?' and he ran toward me, yelling, 'Come upstairs!' like there were other people with him. I shot him 'cause I thought more people were in the house."

Shots and screams

Dixon continued, "He ran to me, I shot him and he fell down the stairs. My daughter started screaming - she had thought I got shot. My son was not in his room, he had been sleeping in my daughter's bed."

After the police arrived, Dixon looked outside.

"I saw him lying there, I saw him looking at me, I was nervous, shaking. I've never been in any type of trouble. I only fired a gun in Navy training.

"I very much felt bad that he got hurt. I was worried if he died. I wasn't hoping for that."

Dixon was taken to the 69th Precinct, and then sped through Central Booking.

"Everyone I came across was sympathetic," he said. "The court officer said he would have done the same thing."

He found out that the intruder, Thompson, has a long record of break-ins and burglaries.

Fearful at home

He said the thought of someone invading his home still terrifies him and his children.

"My children are not comfortable being downstairs by themselves."

He shook his head and said that all he ever wanted was just a good life, and he thought buying the house was the first step.

"I thought that house would give me a safe haven. Now I'm thinking if I didn't buy this house this never would have happened."

http://www.nydailynews.com/front/story/52803p-49473c.html
 
Dixon used a 9-mm. pistol legally purchased in Florida that he says he was in the process of registering here.
Great! No intent to violate the law. Just inadvertence. Take it to the jury! :neener:

edited: neeners need colons on both sides. :uhoh:
 
Last edited:
:cuss:

Take it to the jury. I just can't see 12 people ALL coming to the conclusion that this man acted wrongly.

If they do, time to move to a place where your family can actually be safe.
 
But there were 486 shootings in Brooklyn last year, and the borough remains awash in illegal firearms. A spokesman said Hynes cannot condone the use of an unlicensed gun.

This is very telling, according to the Law/ AG in New Yaaark, there is no difference between the law abiding defending themselves, and the habitual crimminal crack dealer shooting his competitors.

Thats why they have a crime problem, they cannot tell the difference between a law abiding citizen and a crimminal.

Idiots, time to move.

Just curious, does the gun need to take a test??:rolleyes:
 
Not to wish violence on anyone, but I would REALLY like to see some of these idiot prosecutors have to make the same choices that Dad made, under the same circumstances. i.e. Career BG running down the hall toward HIS kids, gun in hand. Let us see what he chooses to do


:cuss: :cuss: :cuss: :cuss:
 
Not to wish violence on anyone, but I would REALLY like to see some of these idiot prosecutors have to make the same choices that Dad made, under the same circumstances. i.e. Career BG running down the hall toward HIS kids, gun in hand. Let us see what he chooses to do

I understand your sentiments but there are many problems with your scenario:

1) The prosecutor will be one of the privileged elite who actually possesses a NYC CHL.

2) The licensing of his firearms will be expedited by the bureaucracy instead of hindered.

3) His apartment will be in a secure highrise or his house will be in a gated community.

4) If by some mischance, he were to shoot a burglar with an unlicensed handgun, the investigating police would fail to note that the handgun was unlicensed. If the prosecutor had recently peed in those cops' coffee then the DA's office would decline to prosecute.

Justice in America.
 
At the risk of getting in the way of the flamethrower; there was
no weapon mentioned.

I'm not saying I might not have done the same thing (a threat to your kids is to be taken seriously), but this is border-line for justifiable use of deadly physical force (especially here in NY).

Again, don't go for the Sterno right away, I'm just playing devil's
advocate.

Steve.
 
Perp in kids room! Never mind even LOOKING to see if he has a weapon or not. BLOW HIS A## out in the yard-multiple times if necessary!!!

GIVE THIS GUY THE COMMUNITY SERVICE AWARD!!!!!!!!!!!
 
but this is border-line for justifiable use of deadly physical force (especially here in NY).


It's not border-line in Georgia...not with forcible entry by someone who does not reside in that residence-and the unarmed or armed status of the criminal is absolutely immaterial. And that's in the statutes.

It's good to live in a fairly free state.
 
Here in Az all you need is to be in fear for the safety of yourself or another, to use lethal force.
So he would be in the clear here, since obviously his son and he were in fear for their safety.
We also don't have any fascist registration laws.
I just don't see how people can live under gun laws like that.
I sure couldn't.
 
So is he being prosecuted for shooting the guy, or for having an unregistered gun? If it's for having an unregistered gun, and he had a gun and it wasn't registered, what's there for a jury not to agree on? If he broke a law, why shouldn't the prosecutor, whose job is to enforce the law, not prosecute. Am I being too skeptical when I wonder if "it's in the process of being registered" equates to "I only had 2 beers?"
 
Because it is an absurd law? Because the neighborhood, by their own admission, is swamped with a criminal element they can't deal with but they'll prosecute a citizen defending his life based on a technicality?

One could hope for jury nullification, but probably not in New Yuck.
 
Heard Sean Hannity mention this incident on the radio. He was mighty POed about it and was thinking about starting a legal defense fund for the guy.
 
Byron, so you know Charlie Hynes I guess. He did have a house in a gated community, Breezy Point. When Rev. Al threatened to picket there (fat chance gettin through the gate Al) we along with their private security used to sit on it.

Not related to this particular topic but I hear Bloomberg blew his stack last night when the Rolling Stones lit up on stage.:evil: :D
 
No weapon was necessary for Dixon to use deadly physical force. In NYS, DPF is justified for a householder to terminate a burglary or attempted burglary. See NYS Penal Law section 35.20 (3).

In other regards, Dixon was prosecuted under PL 265.01, Criminal Possession of a Weapon in the Fourth Degree - A class A misdemeanor. Normally, possession of an unlicensed, loaded handgun is a felony (CPW 3rd Degree), but there is an exemption in that section for possession in one's home or place of business.

Simply put, the rule in New York State is that handgun possession is illegal unless you are somehow fall within an exemption. There are exemptions for cops, handgun licensees, and others. Sure it stinks, but that is the infamous Sullivan Law which New Yorkers have lived with since 1911. And since the rich and famous get their carry licenses, and the unwashed urban masses like gun control, it is going to stay that way for the foreseeable future.
 
What are the provisions in NY for moving there and having guns? If he was in the process of registering them and was just waiting on a bureaucrat to finalize paperwork, then it really wasn't his intention to violate the handgun registration law.

Can't be a crime without intent right?
 
Your Honor...

"I shot him 'cause I thought more people were in the house."

NOT the words you want to use after shooting someone. "Fear for my life, going after the kids next, etc..." The DA wants to make an example of him.
 
Falconer, as anchored correctly stated, intent is not a requirement for many crimes. And not just misdemeanors. For example, NY's CPW-3 makes it a felony to possess a loaded handgun. There is no requirement that the possession be intentional, or even knowing.

Also, one moving to NY cannot bring the handguns into the state until he or she is licensed. The guns either have to remain out of state until one is licensed, or before moving you can ship them to an in-state handgun dealer who holds them until the owner is licensed. One could also try immediately surrendering them for storage to the PD or sheriff where one resides upon entering the state, as there is an exception for possession while surrendering a handgun (NYS PL 265.20 (a) (1) (f)). There are obvious risks associated with the latter course of action, and I wouldn't recommend it.

Intune, I can't argue with anything you said. Mr. Dixon, however, was probably just being honest, foolishly believing that because he did the right thing, and because he is a good guy, he had nothing to fear. My point was simply that legally speaking, he was completely justified under NY law, and did not need to fear for his life to use DPF.
 
IMNSHO this guy seems to be a decent citizen who was protecting his family. If this is the case he should be told that we know it sucks but you need to register your handguns in NY. Now here's your permit, and remember register any other guns you have and have a nice day sir.
 
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