[Patriot86]

Digging a little deeper into this in the local NH Paper I can start to sort of see why the cops cuffed this guy..

http://www.fosters.com/apps/pbcs.dll...939/-1/FOSNEWS

He said he couldn't tell right away if anything from his home was missing, and that after about 10 or 15 minutes of checking his house for damage and stolen items, he noticed a man walking down the street with a backpack.

"I said, 'That can't be him,'" Fleming said Monday, but decided to see if it was, driving his truck down the road.

After he did not find the man, Fleming said he went back to his house, grabbed his gun, and decided to walk down the street to talk with neighbors and find out if they had seen anyone suspicious in the area.

It was on this walk that he saw the man with the backpack, later identified to be Hebert, again, coming out of a neighbor's back window.

"I heard, 'Crash, bang boom!', and he came flying out the back window," Fleming said. It was later determined Hebert had left Fleming's house in a similar fashion, jumping from a second-story window about 15 feet down to the ground.

So he admitted to going LOOKING for this guy....again IMO just but typically not a good legal idea...though this may be the saving grace...

What happened next Fleming said was a result of him acting on an instinct to not only stop the man, but protect himself.
"I had drawn my gun ... I had a bypass last year, I have a bad knee, bad back, I don't want this guy to come at me," he said Monday. "I yelled, 'Freeze!' and fired my gun into the ground."