Alberta farmer, Brian Russell Knight, who chased down and shot one of three men
he discovered in his farm yard early in the morning of March 26/09, has been charged with several offenses (but not convicted).
The incident began when Knight spotted three men
in his farmyard early in the morning of March 26. Two of the men fled in a truck while a third sped off on Knight's all-terrain vehicle, according to Bashaw RCMP.
Knight drove after the man on the ATV, rammed his car into it, and then pulled out a shotgun and fired two rounds at the fleeing man, who was struck, but kept on running, police said.
Knight then called friends and relatives to help him with his search, police said. The wounded man was intercepted, then allegedly escaped in a stolen truck, but lost
control of the vehicle and was caught a second time. Police were then called in to help.
The wounded man was flown to hospital by air ambulance with non-life-threatening injuries.
Harold Groening, 31, of Mirror, has been charged with theft under $5,000, theft of a motor
vehicle, and possession of stolen property. Nick Dewald and Alix resident Kyle Rosenthal, 23, have both been charged with theft under $5,000.
Brian Knight, 38, faces a number of charges in connection with the early morning incident on March 26, including criminal negligence causing bodily harm, discharging a firearm, pointing a firearm, possession of a weapon dangerous to the public, discharging a firearm, dangerous driving and possession of an unregistered firearm. Knight's court appearance is scheduled for 10 am May 28th, 2009 in Stettler Provincial Court House. (4705-49th ave.)
The Criminal Code of Canada
says it was within Knight's right to arrest the thief until police arrived.
Section 494 of the Code states "(1) Any one may arrest without warrant
(a) a person whom he finds committing an indictable offence; or
(b) a person who, on reasonable grounds, he believes
(i) has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person."
So, though Knight, or any one of us, could legally hold someone we caught committing a crime until police came; chasing them down, and firing shotguns at them may be disallowed (the results of Knight’s court case should provide some guidance).
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Brian Knight Legal Defense Fund:
Brian Knight Legal Defense Fund, Central Alberta, Tees / Alix, Farmer