2 suspects in custody, homeowner charged after burglary try

This is a discussion on 2 suspects in custody, homeowner charged after burglary try within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Published: January 22, 2010 12:33 am print this story CRIME: 2 suspects in custody, homeowner charged after burglary try Staff Reports Lockport Union-Sun & Journal ...

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Thread: 2 suspects in custody, homeowner charged after burglary try

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    2 suspects in custody, homeowner charged after burglary try

    Published: January 22, 2010 12:33 am print this story

    CRIME: 2 suspects in custody, homeowner charged after burglary try
    Staff Reports
    Lockport Union-Sun & Journal

    TOWN OF LOCKPORT — State police say two attempted burglary suspects are in jail, and the homeowner targeted in the break-in Thursday morning is charged with reckless endangerment after firing shots at their car.

    There were no injuries in the incident on Akron Road.

    State police arrested Jenna M. Zsebhazy, 18, of Washburn Street, Lockport, and Anibal R. Cordero, 24, of Dysinger Road, Town of Lockport, on felony second-degree attempted burglary charges.

    The homeowner, Dennis F. Cherry, 63, 7643 Akron Road, was also arrested during the same incident. He was charged with first-degree reckless endangerment, a felony; second-degree criminal mischief, a felony; and second-degree menacing, a misdemeanor.

    Troopers and Niagara County sheriff’s deputies responded about 11:23 a.m. to the Akron Road residence near Royalton on a report of a burglary in progress and shots fired.

    State police investigators piecing together events said the suspects drove to the residence together, and Zsebhazy tried to enter the house through an open garage door.

    Both suspects were confronted by Cherry, who had a Colt AR-15 rifle, investigators said.

    Cherry reportedly detained Zsebhazy, while Cordero tried to escape in the vehicle.

    The homeowner then proceeded to fire approximately 15 rounds from his rifle at the vehicle, according to the report.

    Police said Cordero fled the area on foot and was caught by officers a short time later in the woods.

    State Police spokeswoman Rebecca Gibbons said Cordero was caught before a helicopter came to assist in the search.

    Chief Deputy Steven C. Preisch of the sheriff’s office said the two suspects are persons of interest from a past robbery at the same location earlier this week, where a handgun was stolen.

    Zsebhazy, Cordero and Cherry were arraigned before Royalton Town Judge Gregory Bass.

    Zsebhazy and Cordero were taken to the Niagara County Jail, where they were held in lieu of $5,000.00 bail.

    Cherry was released on his own recognizance and is due back in court later this month.

    Zsebhazy and Cordero are due back in court at 5 p.m. Feb. 1.

    Lockport Union-Sun and Journal Online - CRIME: 2 suspects in custody, homeowner charged after burglary try

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    Well that was kinda reckless... firing 15 rounds at a car running down the road... I would suspect he'll end up with a reduced misdemeanor charge and probation...
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    VIP Member Array ccw9mm's Avatar
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    [According to investigators]

    Both suspects were confronted by Cherry, who had a Colt AR-15 rifle...

    Cherry detained Zsebhazy, while Cordero tried to escape in the vehicle.

    The homeowner then proceeded to fire approximately 15 rounds from his rifle at the vehicle ...
    The threat was gone, but only then did the homeowner fire at the intruders.

    Hm. Lockport, NY, isn't exactly a metropolis. If the address indicated in the news report is correct, the home where the intrusion took place is in the middle of fields: click, so it's highly unlikely neighbors were threatened.

    Want to get arrested, though? Fire at fleeing suspects, after the threat to people is gone, thereby creating a threat yourself. In all but a few, rare places, that'll do it.

    I wonder, though. The crimes charged to the homeowner included "second-degree menacing, a misdemeanor." Since the other charges seem to cover the firing at the fleeing criminal, I wonder if this charge was because he held the one suspect at gunpoint. Isn't a homeowner allowed to hold criminal intruders at gunpoint in NY?

    Still, what a shame. A homeowner defending against criminal intrusion and threat to himself and his family gets arrested for defending against the intrusion. Sad, that our laws disallow a person to step over so very many little lines strewn about.
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    Firing 15 shots at a fleeing vehicle? Not smart; he should have fired the 15 shots while the dirtbags were still in his house.
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    Quote Originally Posted by retsupt99 View Post
    Firing 15 shots at a fleeing vehicle? Not smart; he should have fired the 15 shots while the dirtbags were still in his house.
    Agreed. Reckless it was.
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    Agree also. Now, if he would have just held the fool at gunpoint, everything would have probably been cool. He would have probably gave up his partner for a plea anyways.
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    I agree with others here. The threat was removed, at that point the shooting would have been revenge/anger and as we all know, that's not proper. Even in Texas.
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    Wow, bad decision indeed.

    It was bad call on his part, but I still wish him well. He would've never had to fire anything if the scumbags hadn't targeted him as a crime victim in the first place. I feel for the victims in cases where their bad decisions are based upon reactions to the violence that the scum in the world bring to their doorstep. JMO

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    Pretty reckless and since he wasn't fleeing with stolen property I believe it was illegal
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    I wonder how much of a "load" was found in the underwear of the fleeing burglar when he was caught by LEO... I bet you he's not breaking into Mr. Cherry's house again.
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    Sure wish they had charged it as a misdemeanor. Goes to show that you can't assume Texas will be on your side.

    Reckless? Yes--but no one was injured. It is at least as reckless and maybe more dangerous when you roll through a yield sign. And it would have been perfectly legal if the BGs actually had some stolen stuff on them and it was night-time.

    Charged too high, as if the LEs and DA are trying to make a point. Might be a point that needs to be made, but the guy was after all the victim of a home invasion (the news story called it "break in"). Can't blame the homeowner for getting a little too excited and using some bad judgment under the circumstances.

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    well it was not in texas,thank goodness
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    Good

    Quote Originally Posted by garyacman View Post
    well it was not in texas,thank goodness
    Good, I just assumed it was because of the OPs location. Never heard of Lockport, but then there are plenty of places I've not heard of.

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    Member Array DaveInTexas's Avatar
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    Quote Originally Posted by garyacman View Post
    well it was not in texas,thank goodness
    Why do you say so, would the charges to the victim have been worse??

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    Reckless? Possibly...IF there were houses on the other side of the car. Not to mention I don't agree that the threat was gone. Rest of the article states that the same two dopes were wanted in connection with a previous robbery at the SAME ADDRESS and had actually stolen a gun on that occassion.

    So...BG1 caught and at joe homeowners feet ...BG2 fleeing...How was joeblow homeowner to know that BG2 wasn't going to come back shooting? Until that BG#2 was dead or in custody I would ALWAYS consider that threat still imminent.

    Legally is he screwed? Yup.
    Morally? As long as he was shooting in a safe direction...I give him two thumbs up.
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