Two different cases
I have no problem with Mr Fleming having a gun in his possesion to attempt to stop the thief. I cannot condone the discharge of the gun into the ground, nor can I agree with that action being safe.
With that being said, I would hope that if any charges continue, that they will be reduced to either a misdemeanor or a violation level, and not remain as a felony.
Also, the police did not arrest both men when they arrived. The arrested the thief. It was later that evening / night that the warrant was drawn up for Mr. Fleming's arrest after consulting with the attorney general's office.
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