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(NY) Homeowner Busted After Shooting Burglar

Discussion in 'Legal' started by Drizzt, Dec 30, 2002.

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  1. Drizzt

    Drizzt Member

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    HOMEOWNER BUSTED AFTER SHOOTING BURGLAR

    By JOE McGURK and WILLIAM J. GORTA
    --------------------------------------------------------------------------------


    December 29, 2002 -- A Long Island homeowner blasted a would-be burglar with a .22-caliber pistol as the thug climbed through a window yesterday - and later said he has no regrets, although he was arrested.

    "I would do it again, because you never know what these people are capable of," said Mark Freamon, 45, who faces weapons charges because cops say the Browning Challenger II semi-automatic handgun he used to protect his Inwood home is unlicensed.

    "I would have been a whole lot sorrier had I not done it," he said. "But now I'm in legal trouble."

    The incident, which left the burglary suspect only slightly wounded, began yesterday morning when Freamon heard noises and saw " a large black mass" outside the window of his home.

    "Suddenly a body crashes through, I'm panicked, the adrenaline was rushing, and I instinctively racked the slide, pointed it to the middle [of the intruder] and fired four shots," Freamon said.

    The intruder fell back through the window and Freamon called 911.

    The intruder ran off, but police tracked suspect Edwin Murdaugh, 42, to a nearby house and arrested him.

    Murdaugh was admitted to Jamaica Hospital and charged with second-degree burglary, cops said.

    Freamon, meanwhile, was charged with fourth-degree weapons possession for the pistol, which he said he bought out of state.

    He was given an appearance ticket and released.

    Police also seized three legally owned rifles from Freamon's house, which he said had been burglarized before.

    "I'm angry at [Murdaugh], but there's nothing I can do," Freamon said. "This leaves me in a bad situation; now I'm unarmed."

    http://www.nypost.com/news/regionalnews/65764.htm
     
  2. Gordon

    Gordon Member

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    Sounds like Sullivan law issue.:rolleyes:
     
  3. rock jock

    rock jock Member

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    Gee, I thought I was reading from the London Times for a moment. Is this really America?
     
  4. MR.G

    MR.G Member

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    How did we ever let it get to this point?
     
  5. Dave P

    Dave P Member

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    Lets see, if I was to have an un-registered handgun (fat chance - who wants to live like that?) would I rather have a wimpy 22 or a more manly 45?

    I wonder if this guy knew it had to be registered? Any reason it couldn't have been?

    "Police also seized three legally owned rifles from Freamon's house, which he said had been burglarized before." Ahh, there you go: a concise statement from the autorities saying that confiscation (why?) is the same as burglary!! :D :D
     
  6. Preacherman

    Preacherman Member

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    Not exactly, Dave. It's S.O.P. in a shooting case to sieze all firearms that are on the scene of the shooting, as ballistics has to test to see which of those firearms was actually used in the shooting. If he'd had his firearms in a safe, they might not have been siezed: but if they were easily accessible, they would certainly be taken, even if legally owned and registered, until such time as the police can be sure that none of them were involved in the shooting.
     
  7. braindead0

    braindead0 Member

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    Wonder what kind of rifles? Perhaps some .22's, but if he had a shotgun they could probably be fairly sure it wasn't used ;-)
     
  8. Greg L

    Greg L Member

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    Out on the front page when I first glanced at the topic I thought that the title had NH in it instead of NY. As I was waiting for the page to load I was guessing that it was someone who chased the guy out of his house and down the street shooting at him (hitting him, cars, houses, just mayhem in general). Once I started reading and realized that it was NY I just had to shake my head over the difference a couple of hundred miles can make.

    Greg
     
  9. .45TCB

    .45TCB Member

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    You aren't kidding. While stories like this always make my blood boil, it does make me glad I live in a free state. This would never happen in Tennessee:

    - no gun registration
    - you're allowed extreme latitude to protect yourself while in your home
    - even if carrying a gun illegally, no charges can be filed if it's used in self defense.
     
  10. cuchulainn

    cuchulainn Member

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    I assume that if he had used one of the rifles, there would have been no charge, yes?
     
  11. benewton

    benewton Member

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    I live in a better state, but the whole mess just makes me sick....

    They get the guy who broke in, then disarm the victim, and don't charge him with the shoot, but with using the "wrong" weapon???

    And the BG lived, and they still have a problem?

    I have a problem: the BG lived, and the cops got in without a few more rounds fired. Maybe it's dial 911 and be sent to prison, assuming you provide enough force to live through the encounter.

    'course, the cops, and the government as a whole, are exempt from a "failure to protect" suit.

    Who's tag line was something about "why can't we shoot them all?"

    And why isn't that course considered?
     
  12. Peetmoss

    Peetmoss Member

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    Kinda makes me sick that this happend to this guy. But it's a perfect example of I rather be judged by 12 then carried by 6.
     
  13. sm

    sm member

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    I bet if the intended victim was a celebrity, politician, or a female of same...no charges would have been filed about "blasting"with a 22
     
  14. Stetson_CO

    Stetson_CO Member

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    A Celebrity or Politician would have a permit. It's easy to get a permit if you have the $$ and pull. Just not alot of people with both.

    c):{
     
  15. Ebbtide

    Ebbtide Member

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    Just some observations:



    By not doing enough.

    Are you sure?

    ..or a cop.

    (Sorry LEOs, that was not flame. just reality).
     
  16. PATH

    PATH Member

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    New York politicians would sooner see you dead rather than defend yourself!:cuss:
     
  17. wQuay

    wQuay Member

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    So, how far would anyone here go to help this guy out? Help pay the lawyers? What if he resisted arrest?
     
  18. Blackhawk

    Blackhawk Member In Memoriam

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    Catch-22 with the needed 22. barf.
     
  19. Double Naught Spy

    Double Naught Spy Sus Venator

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    As noted, we would all rather to be judged by 12 rather than carried by 6. That is exactly what this guy is going to face. Of course that would not have been necessary if he would have had the proper permits.

    We all would do what we have to do in order to save ourselves if we were in that position. Since the guy didn't work within the law to start with, his cost for doing business with a gun is going to be quite high.
     
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