NC Man Arrested For Defending Himself

[Baldy]

This makes me so very angry. (It's in my state.) As everyone that knows me understands, I am a big supporter of our police and what they do for us. But sometimes, one of them gives a new meaning to stupid.


Garner Police cite man for breaking gun law after shooting at prowler

GARNER, N.C. --

June 29, 2011

Garner Police have cited Perry Whitaker for violating the town's gun ordinance for shooting at a prowler on Wednesday.

Officers responded to a break-in in progress at a home on Nellane Drive. Whitaker told them one of the prowlers had fired a shot at him and he retuned fire with his shotgun.

The two suspects then jumped in a vehicle and fled.

Despite the fact that he was trying to protect himself, police cited Whitaker, 26, of Nellane Drive for violating the gun ordinance.

They say there is no self-defense exception in Garner’s gun ordinance. Only a law enforcement officer may fire a weapon within town limits according to the local code.

Whitaker faces a maximum fine of $50 and 30 days in jail if convicted.

Jim Corron, a neighbor, said there were two guys prowling around a vacant home around 12:30 p.m. Wednesday. That's when the exchange of shots occurred.

The suspects got into a car and sped off. No injuries were reported in the exchange of gunfire.

No one has been arrested involving the break-in.

Stupidity in action (http://www2.nbc17.com/news/2011/jun/29/12/garner-police-investigating-home-break--ar-1165519/)


The police officers involved and the Chief should be fired for being so stupid. The city council should be dragged into their chambers and forced to change this insane law.

[Baldy]

Well color me embarrassed for believing a news report from nbc:

Today, I've exchanged several e-mails with the Town Manager of Garner about this. As have many, many others. I received an update when I got home from work this evening.


It turns out that NBC17 lied in their article, about more than one thing.

First. The town does exempt anyone from being charged for firing a weapon in self defense. Good for the town, bad for nbc17 for lying.

Second, upon investigating, the police determined that the criminals, interrupted by Mr. Whitaker, did not shoot at him. And that he was the only one that fired a shot. So he was not acting in self defense, which is why he was charged.

I am happy to hear that the story was wrong and that one can still defend themselves in the towns in our state.

Below are the relevant portions of the e-mails I received from the Town Manager:


Thank you for your message regarding the incident on Nallane Drive here in Garner yesterday. I’m responding on behalf of the Town of Garner and our elected officials that received your message earlier today.

There are a number of details that have been left out of the reports on NBC 17.

The Town has a self-defense clause in our Ordinance. Section 18-1(d) states: "The provisions of this section shall not be construed to prohibit the lawful discharge of a firearm by any lawful officer in the discharge of his duty or by any person in the lawful defense of persons and property."

At this time, the police investigation seems to indicate that Mr. Whitaker was not shooting in self defense.

Our Police Department is acting appropriately. The NBC 17 report and some Facebook posts make some assumptions/statements without having all of the facts of the case.

The key points that I’m able to share at this time are:

1) The Town has a self-defense clause in our Ordinance;

2) All questions about the investigation into this case should be directed to the Police Department - Lt. Wayne Moore is the Department’s public information officer.

Please bear with us as we work on the investigation. The Town will share information at the point in time that the investigation is complete.

And:

On 6/29/2011 at 12:33 pm the Garner Police responded to a report of a break in on Nellane Dr. During that investigation it was reported that the suspects in that break in fired a shot Perry Whitaker of Nellane Dr. When the police arrived they searched the immediate area and began a canvass of the neighborhood. A police K9 was used to try and help locate the suspects and any evidence at the scene. As the investigation progressed it became clear that Mr. Whitaker was the only person who fired a shot that day. There is no evidence that anyone fired a weapon at him before he opened fire.



Mr. Whitaker was subsequently cited and released on a charge of Discharging a Weapon Inside the Town in violation of the Town ordinance 18-1. The Town of Garner ordinance does have a self defense exception to firing a weapon in the city limits. In this case that exemption does not apply because Mr. Whitaker was not on his property and was not defending himself or his property.



It is now believed that the occupants of the vehicle that was involved in the incident on Nellane Dr are responsible for a break in on Frances Dr, an immediately adjacent street. The suspect vehicle in this incident is described as white Pontiac occupied by two black males.

[4nik8]

That's bull shit you can't shoot at people prowlin your property.

If I don't HIT them and just cause spontaneous shitty pants, where's the harm?

[Baldy]

It wasn't on his own property, it was at a vacant home, near his property.

What this turned out to be, was much different than what nbc 17 said in their original article.

There have been several break ins in the neighborhood recently. Mr. Whitaker saw a car pull up in a driveway at the vacant house and took a pot shot at it with a shotgun, scaring off the crooks. According to the police, he was not shot at first, contrary to the nbc 17 article. The town has a law against firing a gun inside the city limits, with an exception for self defense and protecting your own property. (also contrary to the article.) "The provisions of this section shall not be construed to prohibit the lawful discharge of a firearm by any lawful officer in the discharge of his duty or by any person in the lawful defense of persons and property."

Since he was not protecting himself, or his property, he was cited for firing his gun. If he had been, he would not have been charged.

[Stormcrow]

A couple thoughts:

1. The law as presented clearly states "...defense of persons or property.", and is quite vague on the point of what persons and whose property. As Mr. Whitaker was in fact defending property, should he not be acquitted?

2. Unless you're shooting at the ground, not hitting the perpetrator would be exceptionally bad in town as the bullet must stop somewhere and there aren't many 'good' places for that to happen in a populated area.

3. I'm sure NBC is pleased as punch that a local affiliate station has generated so much bad press in their name by misreporting the news. lol