Meeting Notes 072016 - Laserfiche WebLink

Browse Search

8 taking place on a 46-acre lot. Pellets were found at a residence but no damage was assessed. In 2016 so far there has been one incident, reported in March. Light bird shot had damaged vinyl siding over a period from November 2015 to March 2016; monetary damage was assessed at $100. In reply to questions from Committee members, Deputy Sykes added: x He has asked Captain Walker, Commander of Patrol with the Sheriff’s Office, to look into the incident Dr. Arvik described at the June 22Committee meeting. DeputySykes said he does not know what Captain Walker has found. x “Neighbor to neighbor” conversation does not work all the time. This was in reply to Dr. Arvik’s saying that a “neighbor to neighbor” conversation would not have been appropriate in his situation because the two parties didnot already know each other (the neighbor is a business and not a fellow resident) and the Sheriff’s Community Watch program advises that residents call 9-1-1 when they see a problem instead of confronting persons. x The Sheriff’sOffice is limited about what it can do to stop aclearly unsafe shooter on private property who has not caused property damage or injury.In reply to a question, Officer Orr added that a similar limitation exists under the North Carolina hunting laws. There are statutes addressing negligent hunting, but no statutes authorize Wildlife Officers to act until someone damages property or injures a person. x There are statutes to address situations after harm has occurred, whether the harm is physical, property damage, or monetary loss. The criminal charge against a shooter who hits another person would depend upon the injury. Law enforcement in consultation with the District Attorney must choose the statute and the charge to fit the situation. If an injury occurs from gunfire, for example the charge might be assault with a deadly weapon. If a fatality occurs, there are different levels of a homicidecharge depending on the shooter’s disregard for the safety of others. First degree murder is a charge for when a person intends to kill the other. Second degree is for when a person is negligent. x The Lenoir County ordinance if adopted here would give the Orange County Sheriff’s Office authority to act in situations where a projectile has left a shooter’s property.If it were adopted in Orange County, then a deputy could act to stop someone shooting[in the language of the ordinance] “carelessly or heedlessly in wanton disregard for the safety of others,” especially if a specific timeframecan be determined in whichthe shooting took place, someonesees the shooting, and there has been property damage or injury as a result of the shooting.