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http://www.bakersfield.com/news/rep...cle_90fb0c52-8ab4-11e8-abee-cf3da4b04497.html
I'm curious how the 2A people feel about this. Does this good guy with a gun have the right to fire warning shots at people near his property?
Reports: Man admits firing rounds near urinating plain-clothed deputy he believed was about to engage in sex act
Michael Beilby has seen gangsters, prostitutes and thieves around his southeast Bakersfield home.
The 66-year-old has grown frustrated with the amount of crime taking place both near and on his property.
He said that's why he took action, according to court documents, when he saw a man get out of a Jeep parked roughly 500 feet from his home and unzip his pants by the passenger door.
Believing a prostitute was in the vehicle and the man was about to engage in a sex act, Beilby told police he aimed a rifle at an area several feet away from the man and fired three rounds to "get him out of the mood to have sex."
Beilby said he didn't realize the man was a plain-clothed sheriff's deputy working undercover, according the documents. Nor did he realize the deputy had left the vehicle to urinate, and opened the passenger door so he wasn't exposed while relieving himself.
Calling his actions "felony stupid," Beilby said he should have known better than to fire the gun.
"I don't blame the officer for being really angry with me," the documents say he told investigators. "But most people that are doing illegal things, that's enough that they don't come back. If I yell at them, they don't care."
Beilby is charged with assault with a semi-automatic firearm on a person and recklessly discharging a firearm. He's out of custody after posting bail and is next due in court July 25.
The deputy was unharmed.
The events leading to Beilby's arrest unfolded the afternoon of July 11 when the deputy, listed in documents as D. Manriquez, parked his vehicle on the north side of the 1500 block of Watts Drive.
Working an undercover operation in the area, the deputy parked there because he needed to urinate, according to the statement he gave to Bakersfield police detectives investigating the incident.
Since he was undercover, Manriquez wasn't wearing anything identifying himself as law enforcement. He wore a brown "Volcom" short-sleeve shirt, blue jeans and a black and gray "DC" baseball cap, according to the documents.
Not seeing any traffic or pedestrians in the area, Manriquez said he got out of the vehicle, walked to the passenger side and opened the door to cover himself while he urinated. Then he heard two gunshots.
Manriquez looked around and saw a man — whom he later identified as Beilby — standing by a gate and holding a rifle. He zipped his pants and walked toward the driver's side of the Jeep as Beilby pointed the rifle at him, according to the documents. He said he heard another shot and a buzzing sound as the projectile passed near him.
The deputy said he jumped in the Jeep and drove about 100 yards away as he reported the shooting to his supervisor. Shortly afterward, he saw a white sedan approaching from the area where the shots had come and recognized the shooter as the man behind the wheel.
As Beilby parked, Manriquez got out of the Jeep and showed his badge then pointed his duty firearm — a .44-caliber Glock handgun — at Beilby.
He said Beilby immediately raised his hands and said, "I didn't know you were a cop. I didn't know who you were."
More law enforcement arrived and Beilby was taken into custody. A loaded Ruger .22-caliber rifle was in plain view in his car and had a round in the chamber, according to the documents.
Investigators found numerous .22-caliber bullet casings on Beilby's property. His wife told police he uses the rifle to scare off animals including wild dogs and coyotes.
During his interview with police, Beilby said earlier that day he chased off someone he caught driving down the road with a prostitute. Later he saw another person dumping trash.
Beilby said he figured the man parked in the Jeep also had a prostitute with him, according to the documents. He said he fired to scare off the man, not harm him.
Beilby told police he's an excellent shot and could have hit the man if he'd wanted.
"With my .22 at 50 yards I can hit a quarter," he said.
I'm curious how the 2A people feel about this. Does this good guy with a gun have the right to fire warning shots at people near his property?