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.
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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.
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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.
Just like the Milwaukee case, the criminals have ALL the rights.
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Yeah, I suppose Englund went a little overboard there. I think criminals usually get what they deserve at the end of a property owner's gun, but there really was no threat of deadly force from Smith or his lady friend, at least according to the article. And chasing them away at high speed? If they were fleeing, there was no reason to pursue once Englund called the sheriff's office.
As for the kid, I think the responsibility for that child's safety rests with the thieves alone. What home owneror neighbor would expect criminals to go stealing akid in the car? Just stupid...
OK, he calls the police, they get there two hours later. They take a report and then go back to the office. If you're lucky, they drive around the block/farm one time. The criminal is NEVER caught.
Katrina taught us that the police are NOT always going to be there, and it isn't it the responsibility of ALL citizens to pretect and defend the costitution of the united states and the citizens there of?
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There's no such thing as truth, only perception
Unfortunately, the politicians that pass the laws aren't the ones living in the rough neighborhoods or miles from help. I think a lot of them really believe the police will be there to save you immediately if you have trouble.
My personal opinion is when someone decides to steal, they should be fair game. The rightful owner should be able to use any methods he/she feels appropriate.
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I'd want to see more of the story but so far, I'm not sure what laws he has violated. He saw 2 people (a man and a woman) committing a theft at his neighbor's vacant property, armed himself with an unloaded shotgun and the shotgun at them. I wouldn't advise anybody to take an unloaded gun to a potentially dangerous situation like that but that doesn't appear to be a crime.
The story said "chased down" but doesn't explain exactly what is meant by "chase." If he simply followed the suspect vehicle while calling the sheriff's Office on his cell phone, I don't see a problem. If he engaged in reckless driving that endangered an innocent bystander, etc. then he could have a potential problem. The story did say he "chased" them at 70 MPH but it doesn't state on which roads the 70 MPH speed occurred. Was it a freeway or highway? If so, 70 MPH would almost get you run over and 5 MPH over the 65 MPH speed limit on freeways receiving federal funds is not reckless nor much of a crime.
Asking Dispatch if they wanted him to blow them away may be a little grandstanding but I seriously doubt he had that intention with an unloaded shotgun. JMHO here.
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Even the criminal says he was right, and now they have reduced the charges.
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CAMBRIDGE, Minn. (AP) " A retired farmer who was charged with felony assault for wielding a shotgun near a gasoline thief got support from the thief as he pleaded guilty to stealing gas and a car radiator.
Kenneth Englund, 74, was armed with a shotgun on Oct. 15 when he confronted Christian Harris Smith and a woman at a vacant farm near Englund"s home as Smith was taking gasoline from a vehicle.
England then chased the pair while calling the sheriff"s office on a cell phone.
After the vehicles stopped and a deputy sheriff arrived, Englund"s shotgun was found to be unloaded, according to the criminal complaint.
The charge against Englund on Monday was reduced to two misdemeanors, pointing a gun at another person and disorderly conduct.
Smith, 28, was sentenced to 90 days in jail last week by Isanti County District Judge James Dehn. As Smith entered his guilty plea, he spoke out in support of Englund.
"I don"t think he should be held responsible for, you know, anything involving any of these issues," Smith said. "I committed a crime and, you know, he did what he probably thought was right to ... resolve the situation."
According to a court transcript, Smith said that, in addition to paying restitution to the owner of the property, he would like to do "whatever I can" to benefit Englund.
Attorney Brian Toder, who is representing Englund, said he will fight the reduced charges.
Englund brandished his shotgun but did not point it at anybody, Toder said. "Even if he did, that"s reasonable force. He"s with a guy who he thought was a drug-crazed meth-head."
Englund, a member of the Bradford Township Board, has received an outpouring of support in his community " where there has been an increase in property crimes " and from around the country.
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There's no such thing as truth, only perception
'Vigilante' Farmer Faces Serious Charges
