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Bird rejected an initial plea deal. Prosecutors said he could have walked free if he pleaded guilty to a lesser charge, but he went to trial hoping a jury would find him not guilty.
The state Supreme Court upheld Bird's conviction after taking a look at his appeal. It noted some specific points about the case in its decision, saying a person does have the right to use non-deadly force to terminate a criminal trespass.
However, the court determined that Bird knew the woman was in the area and was lost because his niece had called him to tell him the woman was heading his way.
Bird''s prison sentence for criminal threatening with his gun on his own property isn't the first time he's come up against law enforcement.
In 2002, he was fined for "unauthorized use of firearms" for being in a "compact part of Moultonborough" and "discharging a pistol ... without written permission of the chief of police."
"He's a kind, gentle man, and the punishment just does not fit the crime," said friend Chris Shipp
"screaming, 'Get the F off my property.'"
"By him brandishing, waving a gun around at her,"
What happened to NH's motto, "Live free or die?"
The other night a Boston Fire Fighter who lives in Brockton hear a burglar in the house and got up with an unregistered pistol and accidentally shot his girl friend. He'll get screwed for that.
If what the report says is true; he doesn't seem so kind to me. He should have just called the cops..
From what I've heard about the case the lady was supposedly lost looking for a house for sale that was near his house. She encountered a lady who gave her directions to the house but NOT to Mr Bird's house. His whole driveway is lined with No Trespassing signs. She was REPEATEDLY told to leave the property and REFUSED. That's when he waved the gun around, at no point in time did he even aim the gun in her direction.
The other night a Boston Fire Fighter who lives in Brockton hear a burglar in the house and got up with an unregistered pistol and accidentally shot his girl friend. He'll get screwed for that.
up here in N.H. know a guy from my club that had a CC permitt that he would show to intimidate his fellow workers . he was denyed on his renewal and brought it to court and it didn't help his case !!