Posted on Feb 19, 2007 07:18 am
dbmasters
Administrator Since: Apr 03, 2002
to prevent people from having to register at our local news site I have copied the story (which came from www.kare11.com ):
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.
(Copyright 2007 by The Associated Press. All Rights Reserved.)
A bill introduced at the Legislature would give citizens the right to defend themselves with deadly force against intruders -- even when they have the option of retreating.
Two Republican lawmakers introduced the bill today. Representative Tony Cornish calls the measure the "Stand Your Ground" legislation and says it's about protecting homeowners and property owners.
Foes call it a "shoot first, ask questions later" proposal that would bring a cowboy attitude to Minnesota.
Under current law, it's justifiable to kill someone in your house if you fear the person will cause you great bodily harm or death -- or to prevent a felony.
The proposal would allow people to use deadly force if there is a fear of substantial bodily harm.
An interesting facet of this story that people seem to not mention is that this area has a fast growing meth production problem, the crime is rising exponentially and the police (one sheriff) is a member of the local "good ol' boys" club that pretty much watches out for his own and that not much else and hasn't helped curb the problem, nor could he even if he tried considering the growing population. People are getting fed up and this old dude finally got pissed watching his neighbor get robbed and did something about.
So, Englund was the guy posing the danger cuz he had a gun, with a woman and child in the theifs car, they don't say anything about this theivin looser commit crimes like this with his child in the car.
A good friend of mine lives in this area and told me the story a couple days before it hit the wires, it's been interesting to watch it develop.
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