Key Takeaways
- A homeowner in Richmond, NY, confronted two intruders he saw on his security feed, using a shotgun to intimidate them.
- He shot out the tires of their car before the suspects surrendered and exited the house with their hands up.
- Deputies arrested the suspects, Alexandria Mosher and Dominick Wood, for second-degree burglary after finding stolen items in their possession.
- The homeowner has not been charged, as prosecutors will ultimately decide based on the situation.
- The case highlights New York’s justification statute regarding the use of deadly force, clarifying that property protection does not allow for lethal actions.
Estimated reading time: 3 minutes
RICHMOND, NY — A homeowner who watched two people walk into a house he owns on a live security feed drove over with a shotgun, shot out the tires on the car parked in the driveway and held both suspects at gunpoint until Ontario County sheriff’s deputies arrived Sunday night, August 9.
The account comes from Ontario County Undersheriff Michael Rago, as reported by WHAM, which detailed the surveillance alert, the 911 calls, the arrests, and the undersheriff’s remarks about New York’s use-of-force law.
“He was receiving live surveillance footage of two individuals entering a property that he owns,” Rago said. “He lives close by, and while he remained on the phone with the 911 center, he responded to the location.”
Rago said the homeowner arrived to find a vehicle parked discreetly on the property and lights flickering inside the house. He grabbed a shotgun. He called out to whoever was inside. He shot out the tires on the car.
The people inside gave up almost immediately.
“At that time, we actually received a 911 call from one of the occupants in the residence, stating that they were in there and that they were going to cooperatively exit with their hands up,” Rago said.
Deputies arrived and took Alexandria Mosher, 19, and Dominick Wood, 22, both of Lima, into custody. According to the sheriff’s office, both were found in possession of items from inside the home. Each was charged with second-degree burglary and released following arraignment. Those charges are allegations, and both are presumed innocent unless convicted.
The homeowner, who has not been publicly identified, has not been charged. As with any case like this, prosecutors make the final determination.
Rago used the case to make a point about New York’s justification statute, and it is worth reading twice.
More from USA Carry:
“A word to the wise is to understand Article 35 and when and when you can and can’t use deadly physical force,” he said. “This wouldn’t be considered deadly physical force. It was ‘so to say,’ threatened, but was not, you know, obviously utilized.”
Deadly physical force in New York, and in every other state, is reserved for an imminent threat of death or serious physical injury to a person. Property does not get you there. Rago’s read is that flattening tires and covering two people who walked out with their hands up did not cross that line, and nobody was hurt on either side of it.
Read the full article here