The Volokh Conspiracy

No Charges in Citizen's Arrest Incident:

The Cincinnati Enquirer reports that no charges will be filed against former Congressional candidate Paul Hackett in this incident.

elChato (mail):
From what I can see there is no authority for a citizen's arrest for a misdemeanor is Ohio- under R.C. 2935.04,

"When a felony has been committed, or there is reasonable ground to believe that a felony has been committed, any person without a warrant may arrest another whom he has reasonable cause to believe is guilty of the offense, and detain him until a warrant can be obtained."

Probably the county prosecutor decided the guys he chased down were idiots, and/or wanted on other charges. I am sure they would make unsympathetic "victims," and I understand there are lots of reasons the DA would do what he did.

But that doesn't amount to a blessing of our congressional candidate. Chasing somebody down with a gun over hitting your fence is just stupid beyond measure. It raised the incident to whole new levels of physical danger and provocation. Some things are NOT worth fighting over, much less brandishing a gun and chasing someone down for.
1.19.2007 8:41pm
Captain Holly (mail):
If the good citizens of Hamilton County wish to forgive Mr. Hackett for his intemperate, excessive and possibly dangerous behavior, then they have every right to do so, and I'll accept their verdict.

However, I must express my skepticism about this being a fair process. If Paul Hackett were a toothless redneck to chased down the kids who ran into his rusty '73 Ford truck with an "assault weapon", instead of a well-known, politically-connected Democrat lawyer, I have little doubt he'd be in jail right now.
1.19.2007 10:39pm
Enoch:
Revonna LaSchatze will feel triumphantly vindicated, and relieved that manhood in its most extreme, testosterone-supercharged form is not dead in Hamilton County. =D
1.19.2007 10:57pm
Lester Hunt (mail) (www):
I wonder if the prosecutor's office was influenced by the fact that the perpetrator in this case was formerly a officer of the state, entrusted with the use of deadly force, ie., a member of the club.
1.19.2007 11:32pm
r78:

If Paul Hackett were a toothless redneck to chased down the kids who ran into his rusty '73 Ford truck with an "assault weapon", instead of a well-known, politically-connected Democrat lawyer, I have little doubt he'd be in jail right now.

Gosh, are you suggesting that well-educated people with wealth and power receive better treatment in society?

What is the purpose of being a politically-connected lawyer if not to stay of jail in situations like this?
1.19.2007 11:32pm
ReVonna LaSchatze:

For a bunch of professed property-rights-respecting, gun-owner-supporting libertarians, some of you sure seem to sell out your principles quickly when you heard the basic facts that a man followed up on a noise on his property in the middle of the night with a gun in his hand. Trigger locked, not "brandishing" at all. Little soft on youth "mischief" now, are we? Better to lock the doors and let kids be kids, afterall, eh? Too bad there was no real story here, that there was responsible gun handling and never even a suggestion of firing.

I honestly don't understand your concerns, if they're not partisan based. Are you thinking that in your hands, that gun would "escalate" the sitation? That you don't trust people know how to handle weapons safely, or that their instinct is to follow up immediately to better understand the sitation?

Is it a bunch of Monday morning quarterbacking, that those of you with teenage drinkers in the suburbs can relate more to the poor kids here than to a political figure, trained in responsible weaponry and fit, was capable of taking action without incident? Remember, there were no bright lights on the car blinking "Underage teenage drinker driving, underage teenage drinker driving, we mean no harm"

It's interesting to me when you read all of the facts of this case how ingrained the fear of people with responsible knowledge and experience with guns is. Even in circles where you don't expect the usual knee-jerk response. Relax folks. Everything turned out fine based on Mr. Hackett's quick actions. Thinking up "but what if's?" will only leave you cowering inside, waiting on others to come and protect you. This climate of fear -- of thinking that our property and family safety always rests outside our control -- takes a toll in other aspects of your life. Smart thinking action, and responsible gun handling, in ourselves or men like Hackett are nothing to fear unless you are addicted to fear itself.
1.20.2007 5:51am
ReVonna LaSchatze:
This story is more typical, I suspect, of what happens re. middle-of-the-night crashes in traditional gun-owning areas where the property sizes are a bit more generous:

Jefferson / Man, 24, found dead in car wreck

A man was found dead in a car wreck that was discovered early Thursday in the driveway of a rural home. The Jefferson County sheriff's office said the residents found the vehicle covered in snow, indicating the crash occurred hours earlier, and called authorities at 7:47 a.m.

The sheriff's office identified the victim as Brett Magritz, 24, of the town of Jefferson in southern Wisconsin. A preliminary analysis showed the car apparently was going west on Highway J and went off the road, into a ditch, struck a rock and two trees and then went through the yard and came to rest in the driveway, officials said. The accident remained under investigation.

1.20.2007 6:20am
Sk (mail):
ReVonna-
Great Great post.

Sk
1.20.2007 6:21am
Jeremy T:
I agree with ReVonna. Mr. Hackett did the right thing, and should be commended. I don't care whether Ohio law allows what he did or not. If it is a crime, it shouldn't be, and he rightly won't be prosecuted for it.
1.20.2007 9:29am
DADvocate (mail) (www):
I agree with Capt. Holly. Indian Hills is a very wealthy area, average household income over double that of Beverly Hills, CA. I'm sure Mr. Hackett has the financial resources to make prosecution much too expensive for the county's taste. Plus, Prosecuter Mr. Deters is a well known and well respected Republican. Going after a potential political opponent might backfire on him.

Mr. Hackett makes the wild and crazy militia types that liberals hate so much look tame. Defend your home but don't go running through the streets with an AR-15 with 29 rounds in it. As a resident of the same Congressional district, I'm proud to say I voted for Mr. Hackett's opponent when he ran.
1.20.2007 10:10am
Fred Dawes (mail):
Mr.Hackett is a fool, but normal inside this once great nation, to bad we don't have real people inside our once great government.
1.20.2007 10:48am
Enoch:
ReVonna, I couldn't agree more. Every able-bodied person in America should be armed with an assault rifle, trained, and encouraged to take custody of malefactors whenever the occasion arises.
1.20.2007 3:41pm
Rosooki:
ReVonna, I couldn't disagree more. I'm a veteran, and work in the security industry and do executive protection now. You keep pointing out that this guy is a public figure. If he is a public figure all the more reason to stay inside and leave this to the police.

If this was more than a misdemeanor accident, as you assume was what made it reasonable to go out, then the danger was unacceptably high that he was being targeted and set up. He was very lucky he wasn't.

The perpetrators could have waited behind cover while he 'went to investigate' then assaulted him, or went into his house after he left. They could have even kidnapped him. He merrily headed off down the street without worrying about what could have awaited him. But he took a very big gun! Was he willing to get into a public gun battle to fend off whatever might be out there waiting for him?

Public figure or regular guy this was absolutely irrational behavior.
1.20.2007 6:19pm
ReVonna LaSchatze:
Public figure or regular guy this was absolutely irrational behavior.

Have to respectfully disagree with this reasoning.

Forget public figure then. Take a reasonable man. In that fatal accident I posted above, for example, except say his family is awakened this time by a violent crashing noise. It is dark out. Why is it so unreasonable to think the average fit man is going to go outside to investigate. Likely carrying a gun. Because you never know what you will encounter. Odds are, you won't need it. But it's dark and it's habit -- you take your gun -- yes, often a loaded rifle -- with you.

If Hackett was acting quickly, and was comfortable with that weapon from past usage... Some of you are spinning like the man went and purposely selected from his gun cabinet. That he knew he was responding to a carful of teenagers who caused exactly $752.88 cents of property damage to him. That he was angry and acting vengeful.

Doubt it. For PR purposes, a handgun will serve him better in the future. If we're playing "what if" games, I got one. What if Mr. Hackett had not followed that fluid trail and apprehended the carload of "kids" before the police arrived? What if they then ran a red light and smashed into the driver's side of another car -- older model, no airbags -- instantly killing the driver heading home from her late shift?

See that's the thing about second guessing the reasonable man who finds himself in this situation. If he shoots someone in the back like Bernie Goetz, sure that's not resonsible gun handling and you should get tough, imo. But if you don't like what someone is legally carrying, and would have responded differently based on the property and police in your area, then you're not really doing responsible gun owners any favors by calling this irrational behavior.
1.20.2007 6:59pm
elChato (mail):
Rosooki, you are speaking sense. Leaving aside the fact that his actions appeared to be illegal-- it seems to me that a broken fence is not worth getting into a fistfight over, much less climbing into a car with a firearm and chasing people down and ordering them out of their car because they hit your fence. Anything could have happened when he did all that; he is only lucky he didn't run into even bigger fools than he. Heck, if he just had to go out there, maybe getting a license plate number and giving it to the cops would've sufficed. Are we going to chase people down with guns whenever they knick our cars in traffic or a parking lot, too? That would set the stage for some nice shootouts between idiots.

There is such a thing as a sense of proportionality, and common sense; had the voters known how utterly he seems to lack these qualities he might have been overwhelmingly elected to Congress.
1.20.2007 8:27pm
ReVonna LaSchatze:
Are we going to chase people down with guns whenever they knick our cars in traffic or a parking lot, too?

What did EV write recently about making up comparables? This is a stupid one.

The only thing I can conclude is a lot of you are partisan and/or are raising out-of-control "boys" yourself and fear them facing responsibility for their actions. Mr. Hackett may just have saved their lives that night -- considering much driving the car still had in it, or turned them around at least. Pooh-poohing these little things often leads to greater conseqences; I fear the "boys" more than a trained Mr. Hackett based on what I've read.

And the presence of his weapon alone doesn't add to my fright.
1.20.2007 8:45pm
Ohio Lawyer:
Prosecuter Mr. Deters is a well known and well respected Republican.

Powerful? Yes. Respected? In some quarters, maybe, but that impression is not at all universal. Deters basically runs his county. After being a prosecutor for years, he served a short stint as state treasurer, but had to leave because it looked like his office was engaged in a pay-to-play scheme.

He then decided it would be better to return to being the King of Hamilton County rather than remaining a tainted prince in Columbus.
1.20.2007 8:56pm