Wake County man talks about holding driver at gunpoint after I-40 crashquote A Wake County man is sharing his story after he says he held a driver at gunpoint after that driver was trying to flee the scene of a crash. Shayne Dye says he witnessed the crash while he was driving home from work. He then noticed a man running away from the crash scene toward the woods.
“One of the other drivers who got out to help said that was the guy who was driving the car,” said Dye. “I chased him and caught up with him about 300 yards into the woods when finally he turned on me. I drew down on him with my weapon and ordered him down on the ground.”
Law enforcement officials tell CBS North Carolina what Dye did is legal in North Carolina. According to the state statute 15A-404, a private person may detain another person when he has probable cause to believe that the person detained has committed a felony, breach of the peace, a crime involving physical injury to another person or a crime involving theft or destruction of property. unquote http://wncn.com/2017/01/23/wake-county-man-talks-about-holding-driver-at-gunpoint-after-i-40-crash/
several points come up...NC does not have citizen's arrest ~ detention yes.
1. 15A-404(b) states, in part, "...has probable cause to believe that the person detained has committed in his presence:
2. 15A-404(c) states the means of detention must fit the offense.
the GS didn't know who the driver was...
Allow me to bring up NCGS 14-34. Assaulting by pointing gun states,
If any person shall point any gun or pistol at any person, either in fun or otherwise, whether such gun or pistol be loaded or not loaded, he shall be guilty of a Class A1 misdemeanor.
(1889, c. 527; Rev., s. 3622; C.S., s. 4216; 1969, c. 618, s. 2 1/2; 1993, c. 539, s. 17; 1994, Ex.Sess., c. 24, s. 14(c); 1995, c. 507, s. 19.5(d).)
Now, if the intoxicated driver decided to depart or refuse to be detained, since NC is the only state in the union that does not have citizen arrest capabilities, what options does Mr. Dye have to 'detain' the intoxicated driver? absolutely NONE whatsoever.
For a moment imagine, the situation where the driver wished to leave the scene and coupled with Mr. Dye's testosterone & adrenaline rush what would be the outcome? a possibly critically wounded or worse case deceased driver who caused a traffic accident or heaven forbid a dead Good Samaritan like at the recent jewelry robbery!
BTW, if our good deeder shot and killed the driver, would be charged with homicide as he did not meet the criteria to use this state's imperfect defense for the homicide committed under threat of bodily injury or death ~ oh and who would have paid for Mr. Dye's judicial costs?
touted on the evening news along with a statement you can use a gun to stop property theft.
sigh...
ipse
“One of the other drivers who got out to help said that was the guy who was driving the car,” said Dye. “I chased him and caught up with him about 300 yards into the woods when finally he turned on me. I drew down on him with my weapon and ordered him down on the ground.”
Law enforcement officials tell CBS North Carolina what Dye did is legal in North Carolina. According to the state statute 15A-404, a private person may detain another person when he has probable cause to believe that the person detained has committed a felony, breach of the peace, a crime involving physical injury to another person or a crime involving theft or destruction of property. unquote http://wncn.com/2017/01/23/wake-county-man-talks-about-holding-driver-at-gunpoint-after-i-40-crash/
several points come up...NC does not have citizen's arrest ~ detention yes.
1. 15A-404(b) states, in part, "...has probable cause to believe that the person detained has committed in his presence:
2. 15A-404(c) states the means of detention must fit the offense.
the GS didn't know who the driver was...
Allow me to bring up NCGS 14-34. Assaulting by pointing gun states,
If any person shall point any gun or pistol at any person, either in fun or otherwise, whether such gun or pistol be loaded or not loaded, he shall be guilty of a Class A1 misdemeanor.
(1889, c. 527; Rev., s. 3622; C.S., s. 4216; 1969, c. 618, s. 2 1/2; 1993, c. 539, s. 17; 1994, Ex.Sess., c. 24, s. 14(c); 1995, c. 507, s. 19.5(d).)
Now, if the intoxicated driver decided to depart or refuse to be detained, since NC is the only state in the union that does not have citizen arrest capabilities, what options does Mr. Dye have to 'detain' the intoxicated driver? absolutely NONE whatsoever.
For a moment imagine, the situation where the driver wished to leave the scene and coupled with Mr. Dye's testosterone & adrenaline rush what would be the outcome? a possibly critically wounded or worse case deceased driver who caused a traffic accident or heaven forbid a dead Good Samaritan like at the recent jewelry robbery!
BTW, if our good deeder shot and killed the driver, would be charged with homicide as he did not meet the criteria to use this state's imperfect defense for the homicide committed under threat of bodily injury or death ~ oh and who would have paid for Mr. Dye's judicial costs?
touted on the evening news along with a statement you can use a gun to stop property theft.
sigh...
ipse
