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Thread: Cache County man arrested for lewdness after being held at gunpoint by homeowner.

  1. #1
    State Researcher Kevin Jensen's Avatar
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    http://www.abc4.com/news/local/story.aspx?content_id=26e6ea8d-a9b-48d8-8e26-557b3b20ad80

    Cache County man arrested for lewdness after being held at gunpoint by homeowner


    PROVIDENCE, Utah (ABC 4 News)

    A Providence man made a citizen's arrest, holding a lewdness suspect at gunpoint until sheriff's deputies arrived.

    Ken Sim said his neighbor had reported problems with a prowler, so when he heard noises in his own backyard he got his gun and flipped on the light.

    He says 35-year old Jason Walt Benson ran, but Sim caught up with him on the side of his house where he pointed his gun at him and ordered him to the ground.

    Sim says when Benson got up and moved toward him, Sim fired a warning shot into the air which sent Benson back to the ground until officers arrived.

    Detectives found an ear and cheek print on one of sim's windows. Benson was arrested and charged with lewdness, a class-B misdemeanor.
    Firing a warning shot into the air does not sound like the best idea, but nonetheless, it worked for this man.

    Bravo, to a lawfully armed homeowner!:celebrate

    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

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    yea, the "Warning Shot" sounds a bit risky - but hey: Another lawful citizen defending his right to defense and another (Stupid) criminal behind bars.

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    I probably would have done the same thing in his shoes... I'd rather fire into the air than at someone. Only he knows what he was feeling and what was appropriate.



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    Regular Member Decoligny's Avatar
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    ProtectedBy9mm wrote:
    yea, the "Warning Shot" sounds a bit risky - but hey: Another lawful citizen defending his right to defense and another (Stupid) criminal behind bars.

    As long as he fired the warning shot as close to straight up as possible. Firing it at a low angle and it can retain enough energy to injure of kill someone. If fired at a high angle it will lose it's energy and only come down as fast as gravity can carry it. Might hurt if it hit you, but probably no more than a marble sized hail stone.

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    For some reason I thought that "warning shots" are a punishable offense. Something along the lines of discharge of a firearms inside a city limits. I vaguely remember Vilos talking about this in his carry class. However, my memory is as cloudy as Utah lake on some things so don't quote me on this as being fact. Any comments?

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    Firing a warning shot is definitely punishable. The great thing is that the guy in my opinion was justified in firing in self defense, and luckily didn't have to shoot the guy.

    If it came right down to it, my defense would be that the guy came after me, and I fired x number of shots. The first one just missed .

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    State Researcher Kevin Jensen's Avatar
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    Bflamante wrote:
    For some reason I thought that "warning shots" are a punishable offense.
    76-10-508. Discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle -- Penalties.
    (1) (a) A person may not discharge any kind of dangerous weapon or firearm:
    (i) from an automobile or other vehicle;
    (ii) from, upon, or across any highway;
    (iii) at any road signs placed upon any highways of the state;
    (iv) at any communications equipment or property of public utilities including facilities, lines, poles, or devices of transmission or distribution;
    (v) at railroad equipment or facilities including any sign or signal;
    (vi) within Utah State Park buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches; or
    (vii) without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of:
    (A) a house, dwelling, or any other building
    ; or
    (B) any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard.
    (b) It is a defense to any charge for violating this section that the person being accused had actual permission of the owner or person in charge of the property at the time in question.
    (2) A violation of any provision of Subsection (1) is a class B misdemeanor.
    (3) In addition to any other penalties, the court shall:
    (a) notify the Driver License Division of the conviction for purposes of any revocation, denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi); and
    (b) specify in court at the time of sentencing the length of the revocation under Subsection 53-3-225(1)(c).
    (4) This section does not apply to a person who:
    (a) discharges any kind of firearm when that person is in lawful defense of self or others
    ;
    (b) is performing official duties as provided in Sections 23-20-1.5 and 76-10-523 and as otherwise provided by law; or
    (c) discharges a dangerous weapon or firearm from an automobile or other vehicle, if:
    (i) the discharge occurs at a firing range or training ground;
    (ii) at no time after the discharge does the projectile that is discharged cross over or stop at a location other than within the boundaries of the firing range or training ground described in Subsection (4)(c)(i);
    (iii) the discharge is made as practice or training for a lawful purpose;
    (iv) the discharge and the location, time, and manner of the discharge are approved by the owner or operator of the firing range or training ground prior to the discharge; and
    (v) the discharge is not made in violation of Subsection (1).

    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

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    Decoligny wrote:
    ProtectedBy9mm wrote:
    yea, the "Warning Shot" sounds a bit risky - but hey: Another lawful citizen defending his right to defense and another (Stupid) criminal behind bars.
    ...Firing it at a low angle and it can retain enough energy to injure of kill someone....
    Not to go OT, but: I was incredible surprised to see how much energy a bullet losses, even on a penetrable target. We'd be shooting bottles on fence posts, you wouldn't BELIEVE how many spent 9mms i would find just SITTING in the post where the bottle was. Trippy...

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    SGT Jensen wrote:
    Bflamante wrote:
    For some reason I thought that "warning shots" are a punishable offense.
    76-10-508.** Discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle -- Penalties.
    **** (1) (a) A person may not discharge any kind of dangerous weapon or firearm:
    **** (i) from an automobile or other vehicle;
    **** (ii) from, upon, or across any highway;
    **** (iii) at any road signs placed upon any highways of the state;
    **** (iv) at any communications equipment or property of public utilities including facilities, lines, poles, or devices of transmission or distribution;
    **** (v) at railroad equipment or facilities including any sign or signal;
    **** (vi) within Utah State Park buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches; or
    **** (vii) without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of:
    **** (A) a house, dwelling, or any other building
    ; or
    **** (B) any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard.
    **** (b) It is a defense to any charge for violating this section that the person being accused had actual permission of the owner or person in charge of the property at the time in question.
    **** (2) A violation of any provision of Subsection (1) is a class B misdemeanor.
    **** (3) In addition to any other penalties, the court shall:
    **** (a) notify the Driver License Division of the conviction for purposes of any revocation, denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi); and
    **** (b) specify in court at the time of sentencing the length of the revocation under Subsection 53-3-225(1)(c).
    **** (4) This section does not apply to a person who:
    **** (a) discharges any kind of firearm when that person is in lawful defense of self or others
    ;
    **** (b) is performing official duties as provided in Sections 23-20-1.5 and 76-10-523 and as otherwise provided by law; or
    **** (c) discharges a dangerous weapon or firearm from an automobile or other vehicle, if:
    **** (i) the discharge occurs at a firing range or training ground;
    **** (ii) at no time after the discharge does the projectile that is discharged cross over or stop at a location other than within the boundaries of the firing range or training ground described in Subsection (4)(c)(i);
    **** (iii) the discharge is made as practice or training for a lawful purpose;
    **** (iv) the discharge and the location, time, and manner of the discharge are approved by the owner or operator of the firing range or training ground prior to the discharge; and
    **** (v) the discharge is not made in violation of Subsection (1).
    The peeping Tom is a lucky man.

    When he moved towards the home owner, who he knew had a gun, he became fair game.

    Tarzan

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