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Man arrested for protecting his property and family from gang members

Posted in Gangs September 8th, 2010 @ 2:04 pm

Only in Long Island, NY would you find this type of crime. A Long Island man was arrested for defending his home and family. He was being harassed by gang members and went out and bought an AK-47 assault rifle.
Recently, he was confronted by five men in his yard. He thought they were Ms-13 gang members who were going to invade his home.

He told his wife to call the police and that’s when he got his AK-47 gun. He went to his front door and saw that a larger group of men, about twenty, showed up. The men started to threaten his family and his life. They said they were going to kill him and his babies. When these men started to rush around the corner of the house, he fired four warning shots into the grass.

Because he fired his gun, the police are charging him with a D felony reckless endangerment with a depraved indifference to human life that creates a risk that someone’s going to die. However, his attorney says that shooting into the grass doesn’t create a risk of anybody dying. In addition, the man has no prior criminal background.

Obviously, New York doesn’t have the “Make my Day” law that states that a person has a legal right to defend person and property against a perceived threat. There is no obligation to flee if possible. In New York the law says you can only use physical force to deter physical force. Unfortunately, there hasn’t been an incident when a victim pulled a gun to defend himself. The court will have to decide if the man firing the gun at the gang members constitutes a criminal charge against him.

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