Utah homeowner arrested for firing shots in burglary.

[powderman]

Utah homeowner arrested for firing shots in burglary  Published February 03, 2013
FoxNews.com    LAYTON, Utah –  A Utah man has been arrested after he allegedly fired two shots with a handgun after burglary suspects fled from his house.
Fox13Now.com reports that Clare Niederhauser, of Layton, was driving toward his home Jan. 31 when he saw a car in his driveway and a man standing near his doorway holding a crowbar.
 
Niederhauser is accused of firing one shot at the fleeing car and another shot after the third suspect fled on foot.
Police say the use of deadly force is allowed when there's a substantial risk of death or serious bodily injury, and Niederhauser wasn't threatened by the suspects.
Niederhauser was booked into the Davis County Jail on two misdemeanor counts of reckless endangerment. He declined to comment.
Robert Cruz was arrested for investigation of burglary after a foot chase.
The Associated Press contributed to this report.
Click here for more from Fox13Now.com.

Read more: http://www.foxnews.com/us/2013/02/03/homeowner-arrested-for-firing-shots-in-burglary/#ixzz2Jshyx9CS

[Graybeard]

Even in states with the castle laws and stand your ground laws ya can't legally shoot someone running away from you and not at that moment putting you in danger. Only the cops can do that and they can get by with it even if folks are not armed and they aren't even sure the guy running is a law breaker.

It's what our society has come to.

Once the immediate danger to you or your loved ones is over ya best stop shooting.

[tom548]

Even thought you see them shoot at fleeing cars on tv, I think that was made illegal, because to the damage they can cause after the driver may be killed and the car crashes.

[RevJim]

 I live here and I can tell you, the guy is in deep stuff. "If" he had been accosted by the crowbar thug as he was entering his house after arriving from work he could rightly say he was in fear of his life. The guy running away is the 'victim" now. Poor guy, he got home, saw all this and got his adrenalin going. Training might have kept him out of trouble, who can say though? But this guy will never own another gun, and if he somehow manages to avoid a Felony, and somehow "is allowed to own one", he won't ever have another CCW.

[tobster]

The irony is it would have probably cost him less to be burglarized than pay for his legal defense.

[Swift One]

You must be able to use some common sense when self defense is involved- even when the adreneline is pumping. The bad guys fled the house.  They were no threat to the home owner. 

[kennyd]

Sure too bad.  It does come up to mind to do bodily harm to a lowlife sneakthief, taking what amounts to your livelehood, or cherished possessions.  Hope this guy can get off on at least some of it.  It will make other burglars think, however.  That is if any of them have any brain cells.

[apache235]

Yup, if they're running away y'all don't want to be shootin' at them.  Pity, but I do understand why.  I don't agree with it, but I do understand it.