GUN Old man chases thief catches a felony

Discussion in 'On Topic' started by TL1000RSquid, Feb 1, 2007.

  1. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    http://www.wctrib.com/ap/index.cfm?page=view&id=D8N10QC00
    Isanti County farmer charged with using gun to chase thief

    The Associated Press - Thursday, February 01, 2007
    CAMBRIDGE, Minn.

    A 74-year-old man who chased down a thief and held him at gunpoint until authorities arrived now faces a charge more serious than the thief himself.

    Kenneth Englund, an Isanti County farmer and Township Board member for 37 years, is charged with second-degree assault, a felony. The thief, who the sheriff said admitted to stealing about $5 worth of gasoline from Englund's neighbor, was charged with misdemeanor theft.

    Sheriff Mike Ammend said people can't take the law into their own hands, and that Englund's actions were "an invitation to a shootout. There's so many things that could have gone wrong here."

    On Oct. 15, Englund pointed a gun at Christian Harris Smith, 28, and a woman at the vacant farm next to Englund's place. He then chased their vehicle at speeds of 70 mph, according to the criminal complaint. A 3-year-old child was in the vehicle.

    During the chase, Englund used a cell phone to call the sheriff's office and asked if he should "blow them away," according to the complaint. His shotgun turned out to be unloaded.

    Englund pleaded not guilty, was released without bail and is scheduled to return to court Feb. 22.

    Smith was charged with another theft and was held in the county jail on a felony warrant from another state.

    More than 350 people attended a fundraising dinner for Englund last month and a petition has circulated supporting his case.

    Still, Ammend said, there was danger, especially since a woman and child were in the vehicle: "What happens if there was a crash?"

    Chief Deputy County Attorney Dan Conlin said no one is looking to put Englund in jail, calling that idea "silly." He also said while the charge fits the facts of the case, it doesn't need to be resolved as a felony.

    People who use force to protect property haven't always fared well in court.

    In a 1983 case, a jury ruled that a Holloway man should pay $77,000 to a burglar he chased down and shot in the foot. The case was settled for half that or less; the burglar got probation.

    In 1999, a Red Wing man received six months in jail after he booby-trapped his Wisconsin cabin and injured a burglar. According to media reports, the Iowa Supreme Court upheld $30,000 in damages against the owner of a booby-trapped abandoned farmhouse in 1978, and a California homeowner was convicted of assault with a deadly weapon when his spring gun shot a teenage burglar in 1974.

    In Englund's case, some of his neighbors who are concerned about rising crime have been his supporters.

    Richard Hansen, chairman of the Bradford Township Board, said crime has risen so much that board meetings have drawn crowds of about 50 people, and a committee was formed to meet with the sheriff and county attorney. The township, about 45 miles north of Minneapolis, does not have a police force.

    Barbara Ford, of Ham Lake, who owns the land where the theft took place, said she's had attempted break-ins.

    "I'll do anything I can to support Mr. Englund," she said.

    Englund said criminals can escape by the time a deputy arrives from Cambridge, the county seat, about 14 miles away.

    The sheriff said his department is understaffed - with 14 deputies to patrol 440 miles of roads.

    "We want people's help, we need their help (calling with information), but we don't want people taking the law into their own hands," he said.

    ___
     
  2. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

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    It's good to hear that the guy is getting a lot of support.
     
  3. hsmith

    hsmith OT Supporter

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    Well, he was an idiot for chasing after someone who was stealing someone elses property.

    But, he should at most receive a slap on the wrist.
     
  4. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    If someone was stealing your shit would you want your nieghbor to stop them or let them get away?
     
  5. JaimeZX

    JaimeZX Formerly of :Sep 2001: fame - Also: Sprout Crew OT Supporter

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    Hope he pays a $50 fine and that's it. :x:
     
  6. mattsb2000

    mattsb2000 OT Supporter

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    In
     
  7. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Bradford Township officer faces felony charges
    Kenny Englund of Bradford Township has never so much as received a speeding
    ticket, but on Wednesday afternoon, Jan. 24, 2007, he found himself in
    court.

    The charge? A serious one. Felony second degree assault with a dangerous
    weapon.
    Englund used an unloaded shotgun in an attempt to hold the thieves until law
    enforcement arrived.
    The Isanti County Government Center courtroom was full Wednesday as
    supporters rallied around the 37-year township board officer.

    They don’t think he’s done anything wrong. Rather they charge he made a
    citizens’ arrest after catching a couple stealing gas from a neighboring
    property.
    Prosecuting attorney Jeff Edblad feels differently.

    “This has nothing to do with whether or not Mr. Englund is a nice man or
    whether he’s a leader in the Bradford community,” said Edblad. “We’re a
    nation of laws. This is not the old west.”
    THE INCIDENT
    The Englund incident dates back to Sunday morning, Oct. 15, 2006. According
    to family members, Englund had gotten home from church when he observed a
    couple attempting to steal gas from a vehicle parked at his neighbor’s
    house. A radiator had been stolen from a truck on the property the day
    before. In fact, Englund has made numerous calls to the sheriff’s department
    reporting thefts at that location.


    “They didn’t do anything about it,” said Englund’s oldest daughter, Carol
    Fleischer. She lives next door to her parents and pointed out that the crime
    in Bradford Township has reached such a level that a large group of citizens
    recently complained to the town board and asked that something be done.

    Englund went over to the house he’d been watching over for 46 years.
    According to the criminal complaint, the man Englund apprehended told
    officers that Englund pointed a shotgun at him and his girlfriend at the
    farm. He also admitted to stealing gasoline from a truck at the property.
    The couple then took off down the road, followed by Englund. During this
    time, Englund was on his cellular phone talking to an Isanti County
    dispatcher.

    When Englund drove past the homes of his family members, he laid on the
    horn, alerting them to his problem, according to two of his daughters.
    Youngest daughter Carrie Englund hopped into her vehicle and followed her
    father and the alleged thieves.

    At the intersection of Isanti County Road 40 and Helium Street, the couple,
    Englund and his daughter stopped. The couple allege that Englund again took
    out his shotgun and pointed it at their vehicle. A three-year-old girl was
    also inside.

    When Isanti County Sheriff’s Deputy Brian Johnson arrived on scene, Englund
    laid his shotgun on the ground. Johnson checked whether it was loaded, found
    that it wasn’t and placed the gun in his squad car.

    After speaking to the couple inside their vehicle, he spoke with Englund and
    his daughter, Carrie. According to the criminal complaint, when questioned,
    Englund said that he had not actually seen either of the two individuals
    he’d chased take anything from the property.

    During his Wednesday, Jan. 24, court appearance, Englund was not charged
    bail, but he was ordered to be booked and released from the county jail. He
    is not to keep a gun in his possession or have any contact with the couple.
    His daughter, Carol, agreed to hold onto her father’s 22.caliber gun.

    FAMILY SAYS HE WAS PROTECTING COMMUNITY
    Neither Carrie nor Carol feel their father should be prosecuted for what he
    did. “He was protecting the community,” said Carrie.

    “They were terrorizing my parents,” added Carol.

    “How many phone calls does a 74-year-old have to make?” asked family friend
    and neighbor Sue Lysdahl. “Now he forfeits his gun and has no protection.”

    “They’re wasting taxpayer’s money to charge a senior citizen who was
    protecting our community,” remarked Carol.

    She added that two days later, the man her father caught was again found
    stealing and was then arrested. At that time deputies discovered there was a
    warrant for his arrest out of Florida for violating probation on a felony
    charge and also Chisago County on a methamphetamine possession charge. He is
    currently serving time at the Anoka County jail.

    Lysdahl hopes that “criminals are tried and good people go free.”

    ATTORNEYS DISAGREE
    According to Isanti County Attorney Jeff Edblad, the issue in this case is
    cut and dry. The law does not allow someone to use deadly force to prevent a
    misdemeanor crime. “There is not exception in this law,” stressed Edblad.
    Siphoning gasoline from a tank is merely a misdemeanor crime.

    “I do not believe at all that he should be prosecuted for what he is charged
    with,” said Englund’s attorney, Brian Toder of Chestnut & Cambronne of
    Minneapolis. “I don’t thank that any reasonable person would come to the
    conclusion that he should be prosecuted when all the facts are known.”
    Toder looks forward to presenting those facts at Englund’s next court
    appearance on Feb. 22, 9 a.m.

    COMMUNITY SUPPORT
    “I’m a law abiding man,” said Englund.

    On Saturday, Jan. 13, over 350 people showed up at a spaghetti supper
    benefit at Bradford Town Hall to help raise money to pay for Englund’s legal
    fees.

    Englund has resided in Bradford Township since 1960. His father, Peter,
    moved to the area in 1906.
     
  8. Slick26

    Slick26 Gun|Bike|Cigar|PS3|Beer |Whisky|Night Crew

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    :minnesota: :rolleyes:
     
  9. Slick26

    Slick26 Gun|Bike|Cigar|PS3|Beer |Whisky|Night Crew

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    He's stupid for chasing the guy with an unloaded gun and he's really stupid for asking the Sherrif's dept. if he should "blow them away." Not exactly the wording police want to hear.

    But charging him with a felony is :jerkit:
     
  10. Want2race

    Want2race Fearless

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    This is a big problem I have with this country.. SOme prosectures need their asses kicked..

    Whats up with giving criminals right? He has the right to live since the guy didnt shoot him.. And thats all the rights he needs!
     
  11. Slick26

    Slick26 Gun|Bike|Cigar|PS3|Beer |Whisky|Night Crew

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    It'll just get worse.
     
  12. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    http://www.msnbc.msn.com/id/10958651/from/RS.2/
    Gas thief defends man who pointed gun at him
    Bit of an update
     
  13. 007

    007 Riden, sliden, whipin and dippin, my chrome strips

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    this is why you should never talk to the police, no matter how right you are.
     
  14. Alphaeus

    Alphaeus New Member

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    Am I the only one here who thinks we don't need old geezers with questionable sanity chasing a petty thief at 70 mph asking the cops if he should blow him away?

    Now I acknowledge that he shouldn't be charged with a felony, but that old guy is an idiot. Hell, We don't even need a 74 year old driving 70 mph, much less chasing some guy down, wanting to shoot him.
     
  15. Big Daddy

    Big Daddy New Member

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    It was for 5 dollars in gas.. oh shit.. if it was a felony, he might have gotten some leiniency(sp?)
     
  16. 01_Cruiser

    01_Cruiser An American Classic OT Supporter

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    Chasing after someone who was on or near your property, who you didnt see steal anything is irresponsible and gives gun owners a bad name. He deserves whatever punishment he gets.

    edit - I would agree if he simply ran after them with a shotgun while on his property, but to chase them in his truck for a few miles is just stupid.
     

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