LAYTON HOME OWNER ARRESTED....

[gijohn40]

http://www.ksl.com/?sid=23928833&ni...tured-4#ooid=9oYzgwOTrflW9BeeuGCnGjcJ8ub7O6oO

A residential burglary Thursday has so far resulted in two arrests: one for the alleged burglar and one for the homeowner who allegedly fired two shots.

Clare B. Niederhauser, 64, was booked into the Davis County Jail for investigation of two counts of misdemeanor reckless endangerment. Police say he fired two shots at people who were trying to break into his home.

But by the time he fired the shots, the burglars had either surrendered or were trying to run away, said Layton Police Lt. Shawn Horton.

"(The burglar) doesn't pose an immediate threat of taking his life or serious bodily injury, and that's what you have to have in order to use deadly force," Horton said.

The incident began when Niederhauser arrived home on the 2500 East block of Gentile Street just before 4 p.m. Thursday and discovered a green passenger car with two occupants sitting in the driveway. As Niederhauser approached, a man and woman inside the vehicle began honking the horn, according to a police report. He then realized that the door to his house had been forced open and heard a man running down his stairs.
Enlarge image
Robert Santos Cruz, alleged burglar

Robert Santos Cruz, 47, ran outside and was holding a crowbar, the report states.

Niederhauser then retrieved a handgun from his vehicle and held the suspected burglars at gunpoint, Horton said. At that point, Cruz dropped the crowbar. The two people in the vehicle, however, began to back out of the driveway.

Niederhauser fired a shot at the vehicle, apparently in an attempt to disable the car by shooting out either a tire or shooting at the engine, Horton said. The vehicle was able to drive off. Police continued Friday to look for those two people and that car.

Niederhauser then retrieved his cellphone from his vehicle and called 911 while continuing to hold Cruz at gunpoint. When the first officer arrived, Niederhauser began talking with him. But while his attention was diverted, Cruz tried to make a run for it, the lieutenant said.

As Cruz ran through the backyard, Niederhauser "chased Cruz and fired a single shot into the field area behind the home. Arriving officers told Mr. Niederhauser to put his gun away, and he complied," according to Horton.

Cruz was captured a short time later and booked into the Davis County Jail for investigation of residential burglary and criminal mischief. Police say Cruz told officers he broke into the home "with the intent to take anything of value." Horton, however, said police were not aware of anything missing from the home.

Niederhauser was also arrested, booked into the jail and was immediately released.

Even though police do not believe he was trying to hit Cruz, Horton said at the time that he fired his gun, he was not in imminent danger of being injured. His shooting, according to police, was reckless and created a "substantial risk of death or serious bodily injury to another person."

Related:
Layton homeowner fires shots at suspected burglar
A Layton homeowner shot at a man who was trying to burglarize his home Thursday, police say.

"Deadly force can only be used in defense of yourself or others if you believe your life is in jeopardy or someone else's life is in jeopardy. And that's the point I guess we're trying to make is just because you own a gun doesn't mean that you are authorized to shoot at someone who doesn't pose serious bodily injury to you," he said.

Niederhauser does have a concealed weapons permit.

"All his ownership is completely legal. He had a right to go and get (the gun) from his car. We're not disputing any of that. It's just at the point that he decided to fire the rounds was reckless in nature. We don't believe he was shooting at people. Had we believed he was trying to shoot at people, the charges could have been aggravated assault," Horton said.

As of Friday morning, police had not recovered either of the two rounds that were fired.

This is the second residential burglary reported on Gentile Street since December. Both incidents had several similarities, according to police. The search continued Friday for a gray four-door passenger car and its two occupants.

Utah state court records indicate that Cruz was sentenced to the Utah State Prison in 1995 and 2003 on drug and stolen vehicle related charges. A warrant was also issued for his arrest four weeks ago out of Millard County on felony drug-related charges.

 

[Greg]

You had to know that was coming, the guy wasn't very smart about shooting when his life, nor the life of someone else wasn't in immediate danger. This isn't the Wild West, you have to act within reason of the law.

 

[Spork]

Why didn't the police didn't show up and handcuff the burglar immediately? I agree with Greg, if the cops loose him once they arrive it's a far different story than the one presented. I think he could have gotten away with shooting the car (his word vs someone that isn't there), but after the police were there he should have let them handle it. (they don't like competition )

 

[TRD270]

You had to know that was coming, the guy wasn't very smart about shooting when his life, nor the life of someone else wasn't in immediate danger. This isn't the Wild West, you have to act within reason of the law.

Exactly if said bad guy is still in your house (and not actively trying to leave) your within your rights to defend your life and property. If said bad guy is attempting to leave your a no go, if your "target" has its back to you, its going to be a bad shoot. Trying to shoot the car as its fleeing also a bad shoot. If a cop did that they would also be in trouble, you can only shoot the car/driver if the car is trying to run you over. However if you run in front of the car to try and stop them from fleeing and the continue to come at you and you shoot, you'll still get in trouble. If your standing in your front yard and the car deliberately swerves to you, your good to go.

Why didn't the police didn't show up and handcuff the burglar immediately? I agree with Greg, if the cops loose him once they arrive it's a far different story than the one presented. I think he could have gotten away with shooting the car (his word vs someone that isn't there), but after the police were there he should have let them handle it. (they don't like competition )

Why didn't he handcuff immediately can't answer for that Officer. I can tell you our policy is not to attempt to take a suspect in that situation into custody without two officers there. Why the Officer didn't have him at gun point and proned out on the ground? I don't know, not going to monday morning quarterback him.

As far as cop competition yes and no, if a single Officer is there and is getting arse kicked and Officer tells you to fire or help by all means. But if a suspect is fleeing and you start cracking rounds off, you'll probably end up with a gun pointed at you. Remember if you were an Officer and you rolled up on this scene, would you know who the bad guy and who the good guy is immediately on arrival? For everyones safety it's better to holster/secure what have you when an Officer arrives



Hope this makes a little sense I just woke up and my brain is not firing on all cylinders yet

 

[SAMI]

Negligent use of a firearm, thus I support the LE's decision to book the homeowner. Utah has a stellar Castle Doctrine that is very easy to understand; black and white.. You simply cannot protect property with deadly force. Deadly force is reserved for perceived/imminent threats to life or severe bodily harm of you or another person.

According to the homeowner's own story, there was no perceived threat, therefore firing shots was not justified. The homeowner is damn lucky that he didn't kill anyone. I don't understand why he didn't block the car in his driveway with his own car. Sure, you can draw your firearm and try to hold the guy with the crowbar, but had he even gotten a LP number on that car, let alone blocked it in - more folks would've been busted for this home burglary.

 

[ChestonScout]

wonder if he will lose his CFP for this.


I hope so

 

[ZUKEYPR]

He'll not only loose his CFP but a butt load of money for his defense council.

 

[Herzog]

Sounds like he lost his cool in a crappy scenario and made some very bad choices.

 

[Tobyxj]

He don't deserve the cfp just taking pop shots not knowing a background he let his fillings take over his good judgment any charges he faces is justified IMO. Also he should have brushed up at the range if I only have one shot to stop a person of harm to myself I'm not going to take two wild shots and still not have hit anything

 

[gijohn40]

I think he did the two shots to scare the people... as his neighbor said if he was meaning to shoot the car he would have hit it...
as for the cop not cuffing the cruz... I think he actually ran before the cops got there... and the home owner shot at him to scare him as well... and after the cops got there they followed the tracks in the snow and ended up catching cruz...

Yes the homeowner did wrong and will face charges that will stick but the neighbors will rest a little easier knowing that someone has been arrested and possible the home robberies in that area will go down.

 

[sLcREX]

So was the getaway car green or gray?

 

[jeeper]

Here is a blog for the fellow..
http://supportclare.blogspot.com/

 

[SAMI]

This is a good example of why you should exercise your 5th Amendment right and not talk to LE. This homeowner incriminated himself by discussing the details with LE. He handed over a second misdemeanor charge simply because of his statements to the LE in reference to the shooting at the vehicle. The shot at the fleeing guy on foot ous a given that he'd be charged with a misdemeanor since LE was present to witness it.

Cooperate, but don't give details. GET A LAWYER.