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Man armed himself to catch thief, police say

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A North Augusta man armed himself with a shotgun and a pistol Tuesday in hopes of catching whoever stole his motorcycle, a North Augusta Public Safety report states.

An officer was sent to the 600 block of Hutchinson Drive around 7 a.m. to investigate the theft but was told en route that a man carrying weapons was walking the street.

The officer said he saw Kevin Franklin, 25, holding the loaded guns outside his house. Franklin dropped the weapons at gunpoint after several orders from the officer, a report states.

Franklin said he was hoping to catch the thief who took his motorcycle, according to a report. He was charged with presenting a firearm.

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dwb619
118543
Points
dwb619 09/29/10 - 01:10 am
0
0
I don't really understand

I don't really understand this charge. He was in his own yard. I can understand the officer disarming him, for everyone's safety. But I thought you could carry on your own property.

RAWR
0
Points
RAWR 09/29/10 - 02:21 am
0
0
Carrying may be legal but not

Carrying may be legal but not brandashing, or presenting as the charge states, is not legal.

corgimom
48014
Points
corgimom 09/29/10 - 02:24 am
0
0
Since Franklin's intent was

Since Franklin's intent was to go murder somebody, the officers had every legal right to arrest him. Doesn't matter if you are on or off your property, no one is allowed to murder people. The police have a duty to prevent murder.

Then you ask yourself, "If he knew who took his motorcycle, why didn't he just call the police in the first place, so that it could be handled safely and lawfully?"

Kevin Franklin should thank God that he was just arrested and not SHOT himself. NAPS did a good job.

dickworth1
954
Points
dickworth1 09/29/10 - 03:51 am
0
0
Do you not have the right to
Unpublished

Do you not have the right to bare arms in SC, it is still part opf the USA.
The police are wrong on this one, leave it to government and they would
disarm america and be in total control of the citizens. Sorry, but I will not
relinquish my weapons on my property.

1CowboyFan
0
Points
1CowboyFan 09/29/10 - 04:38 am
0
0
dickworth1 ... quote "Sorry,

dickworth1 ... quote "Sorry, but I will not relinquish my weapons on my property". When law enforcement tells you to relinquish your weapons, it is wise to do so. We will be reading about your demise one day.

dwb619
118543
Points
dwb619 09/29/10 - 06:07 am
0
0
Sorry, I don't see in the

Sorry, I don't see in the article where he stated he intended to murder the thief. I know what part of town this is, but that should not matter.Don't know what is meant by presenting, but it's hard to miss a shot-gun. Would hope there's more to this than article says.

maddog
27
Points
maddog 09/29/10 - 06:47 am
0
0
You catch someone stealing

You catch someone stealing your property and shoot them, it's not murder.

dwb619
118543
Points
dwb619 09/29/10 - 07:09 am
0
0
In South Carolina you cannot

In South Carolina you cannot use deadly force in the protection of property. I have held a Concealed Weapon Permit ever since the state passed the "shall issue" law.

johnston.cliff
2
Points
johnston.cliff 09/29/10 - 07:27 am
0
0
RAWR has it right.

RAWR has it right.

usafvet
3
Points
usafvet 09/29/10 - 08:01 am
0
0
Leave it up to (I never said

Leave it up to (I never said I am a liberal) Corgimom to distort or input her perceived intent of another person. That unique ability as a "seer".

dichotomy
43864
Points
dichotomy 09/29/10 - 08:10 am
0
0
If the guy was "walking the

If the guy was "walking the street", brandishing a weapon that is one thing. But if he was "outside his house", which sound like he was on his property, then whatever "presenting" is sounds like a trumped up charge. I guess the cop felt he had to charge him with something because the guy was upset and it took several commands to get him to lay the weapons down. The guy was frustrated and I understand. The cops put little or no effort into investigating property crimes.

dwb619
118543
Points
dwb619 09/29/10 - 08:14 am
0
0
I picked up on the "several

I picked up on the "several commands" also. It's takes a pretty thick head not to follow the policeman's order. Even with a CWP and carrying, the FIRST thing you do is inform the officer you are armed.

KSL
174258
Points
KSL 09/29/10 - 08:36 am
0
0
Where in the article does it

Where in the article does it say he knew who took his motorcycle? And how do we know from this article that his intent was murder? Perhaps he wanted to be able to protect himself from the person who took his property just in case that person was armed.

crackerjack
163
Points
crackerjack 09/29/10 - 08:49 am
0
0
He probably wasn't going to

He probably wasn't going to murder anyone. But since the motorcycle was his, he could shoot it, and if a stray bullet hit the rider, too bad! lol He'll be lucky to see that MC again, as the law is more focused on arresting the victims than recovering stolen property, and arresting the thieves.

nadps53jrt
0
Points
nadps53jrt 09/29/10 - 08:51 am
0
0
You do have a right to bare

You do have a right to bare arms, "in" your own home. When a poloice officer arrives at a scene and sees a person with a gun in his or her hand what is that officer suppose to do, walk up to them? No. Officer has no idea whom that person is and as to why he or she is carrying a weapon.
If you shoot someone out side of your that is causing no threat of danger to you, you can be arrested.
You people need to try to do the job to understand the job

dwb619
118543
Points
dwb619 09/29/10 - 09:04 am
0
0
NAD, You may need to brush up

NAD, You may need to brush up on your "castle " interpretation. It appears he was on his own property, but to hard headed to listen. I still don't understand the
reason he was arrested. I agree with dis-arming the individual, for every ones safety. But, just because he was arrested, doesn't make him guilty.I couldn't vote for a conviction with what I've seen in this article.

nadps53jrt
0
Points
nadps53jrt 09/29/10 - 09:20 am
0
0
The charge was made on him

The charge was made on him for presenting a firearm in public. If you are in the woods huntingand you have a license, no problem. But when you are out in the public, in a neighborhood, in which he was, and it is scaring people, then that becomes a violation. He wasn't putting that gun in a truck or car to go hunting. He was out in the public walking the streets with a firearm.
No where was it said that he was at his home protecting his property.

yellow journalism
0
Points
yellow journalism 09/29/10 - 10:13 am
0
0
While I know that it is silly

While I know that it is silly and somewhat childish to respond to these comments, I would like to set a few things straight and end the rampant speculation. My name is Kevin Franklin and I turned 28 last Saturday(don't know how they got 25). I am a homeowner in the Crestland subdivision and I am part of a neighborhood watch that has been organized by its concerned citizens. As many people know, there is a serious crime problem in this neighborhood. Over the last several years, my property has endured multiple acts of theft and vandalism, with no arrests made. The problem is that I live on a dead end street with a well known path through the woods at the end of it. The thieves can simply go into the woods and come out in different parts of the neighborhood, never to be seen again. Yesterday morning I looked out my door and noticed that my motorcycle was missing. Logic told me that it had to be a local job, as I live at the end of a barely traveled street and my cycle has only been parked in my front yard about five nights in the last year. Of course, the first thing I do is call 911. They inform me that I needed to contact Aiken County Public Safety. The problem is that I am barely in the city, so there is always confusion as to who should be my first responder. (Judging by the taxes and the water bill, I think it should be the city.) When I called the number the uninformed dispatcher gave me for Aiken, I got nothing but a busy signal. It was at this point that i noticed fresh tracks from my cycle(new tires last week) that appeared to be leading into the woods. It was at this point that i asked my girlfriend to call the police again and armed myself to try and secure the area. It seemed right at the time, since I have always had to use a gun to scare off the drug dealers and prostitutes in my woods. I figured the tracks looked so fresh that it had to be after the early morning rain showers, so there was a small chance that the culprits may still have been in the vicinity. I took my shotgun(broken open over my shoulder so no one would think it was ready to fire) and a pistol and checked the woods while the police were on their way. This needed to be done since some exits from the woods are in the city and some aren't and I didn't need another jurisdiction argument. As I was finishing my fruitless sweep of the woods, my girlfriend called and said she talked to the police and they were on their way. Finally, the cavalry was coming. My mistake was that instead of walking back through the woods, I took the short route and walked a block through the neighborhood back to my house. During this time I did not point or present the firearm to anyone, though it is hard to miss a man on the street with a shotgun over his shoulder. I was just trying to get back home and I am truly sorry for anyone I may have frightened. The reality of the gun scaring others was not readily apparent to me until the police arrived and I had one pointed at my face. At this point I was in my yard, totally calm(or shocked), and my mother had just arrived. The officer did tell me several times to drop my weapons, but he only needed to say it once. Only a fool would not drop his weapon looking down the barrel of a gun. There was no need to say it more than once and it angers me that the article made me seem uncooperative. If a man with two guns does not drop them when an officer has a gun in his face, he gets shot. That should put an end to the lie that he had to ask me more than once to put my gun down, since no shots were fired and I am not in jail. The responding officer had my guns in his possession immediately and I was totally calm. This should have shelved the gun issue temporarily and started the missing vehicle search. It did not. I was never asked to give a description of the vehicle(not even the color or condition of it). I figured they would have at least asked if I left the keys in it or something. All I got was a talk about how it was in Augusta by now and I would never see it again. Sorry for being so long winded, but yesterday was a long day. I got robbed, lost a little more faith in humanity, and got a criminal gun charge. It is bad enough that this article made me seem like a deranged vigilante out for justice, but these attacks on my character are simply adding insult to a very injured man. I just wanted to clear the air and let's clean up the streets please. I don't want to have to have guns to feel safe, but that is what it apparently has come to. Once again, sorry neighbors for scaring you.

yellow journalism
0
Points
yellow journalism 09/29/10 - 10:38 am
0
0
By the way NADPS guy, it is

By the way NADPS guy, it is the right to bear arms. I have bare arms every time I am shirtless. I am glad you don't have to be able to spell to carry a gun for a living.

C2Soldier
0
Points
C2Soldier 09/29/10 - 11:46 am
0
0
Ok so reading Kevin's post. I

Ok so reading Kevin's post. I can only comment by saying weapons are for self defence. To chase this guy through the neighborhood was not the best idea. Although, I may have made the same mistake. It would have been best to stay with your wife to ensure her safety. Then when the Officer arrived he wouldn't have seen the gun. I do understand the frustration. My vehicle was hit by a drunk driver in 95 and the offier told me "that is why you pay insurance". The driver lived two doors down and I noticed the damage to his vehicle on my run the morning after. I called the station and had the COP come out. He told me that it isn't the officer's job to investigate accidents. They just report them so that I can collect my insurance. Nevermind the deductable I would have had to pay.

the_source
0
Points
the_source 09/29/10 - 10:58 am
0
0
I feel your frustration,

I feel your frustration, Kevin. I have a rental house in North Augusta and some scumbag tenants, who I evicted, felt the need to trash the house and steal stuff from it such as the chandelier as well as other fixtures in the house. I called NAPS who, after sending an officer out to my house, decided not to pursue criminal charges and also treated me with disdain for "wasting their valuable time". I am more irritated by the way I was treated by them than by them not pursuing criminal charges against the scumbags who stole stuff from my house.

The police did find out where these scumbags now live in North Augusta and I'm sure the house they are in has fixtures from my house adorning it. The man of the house already has a criminal record for theft prior to stealing from my house, yet I'm the one who gets the cold shoulder from NAPS? Those guys are paid by us, via our tax dollars, to protect us and our property, not to just wear a uniform so they can get discounts and freebies at the local donut shops. Like you, I lost a bit more faith in humanity, as well as in our public services, from that incident.

nadps53jrt
0
Points
nadps53jrt 09/29/10 - 11:03 am
0
0
yellow, i'm no longer on

yellow, i'm no longer on duty. I was shot in the line of duty in 93. Another officer was shot last year. Now you know why that officer did what he had to do. He didn't know you or as to why you were carrying those weapons. If you want to go out and enforce the law by carring a gun, become a police officer.

yellow journalism
0
Points
yellow journalism 09/29/10 - 11:20 am
0
0
I understand the officer was

I understand the officer was doing his job, I just wanted to clear my name a bit as the article made me seem like every other person whose property got stolen because of their criminal activity. The job of the police is to protect the citizens. A sane, innocent man with a gun is far less dangerous than a person who commits grand larceny. I live on a dead end. That bike was stolen forty feet from my front door. Is it not relevant that these people ware almost surely armed and could have kicked in my front door and committed more crimes? It bothers me that thieves were on my property. I was a man with no ill will toward innocents that happened to have a gun. That is how police get away with carrying them all the time. In other words, the gun was harmless except for looks. Also, I am sorry about your injury; but as a carpenter I never received any sympathy for hitting my thumb with a hammer.

nadps53jrt
0
Points
nadps53jrt 09/29/10 - 11:53 am
0
0
I never asked for sympathy.

I never asked for sympathy. I'm not saying you are a bad person. As for what that officer did might be a little different then what another officer might do.
If the person that stole your cycle or any other person breaks into your home, you then have the right to shoot 'em. Then they are causing a threat to you and your family. But you can't be out there chasing them with guns. If you want to carry a firearm take a gun training course.
As an oficer, I ran up onto people caring guns in wrong places but I never arrested any of them. I got their story, understood it and let them know the law.
I arrested a man for possersion of a firearm one time, but he had shredded the serial number off of the gun.
As for the person that shot me, I never knew he had a gun. Go to Public Safety HQ and my vest along with the gun that the man shot me and other parts of my duty equipment are on display in a hallway that goes to the chiefs office.

ArmedandLegal
0
Points
ArmedandLegal 09/29/10 - 12:05 pm
0
0
GA permit > SC permit - thank

GA permit > SC permit - thank god I live here :)

flipa
1202
Points
flipa 09/29/10 - 01:53 pm
0
0
nadps53jrt; Sorry you got

nadps53jrt; Sorry you got shot and retired. I got shot in the National Guard and they didn't let me retire.

flipa
1202
Points
flipa 09/29/10 - 02:12 pm
0
0
yellow journalismWednesday,

yellow journalismWednesday, Sep. 29 10:13 AM

While I know that it is silly and somewhat childish to respond to these comments, I would like to set a few things straight and end the rampant speculation. My name is Kevin Franklin and I turned 28 last Saturday(don't know how they got 25). I am a homeowner in the Crestland subdivision and I am part of a neighborhood watch that has been organized by its concerned citizens. As many people know, there is a serious crime problem in this neighborhood. Over the last several years, my property has endured multiple acts of theft and vandalism, with no arrests made. The problem is that I live on a dead end street with a well known path through the woods at the end of it. The thieves can simply go into the woods and come out in different parts of the neighborhood, never to be seen again. Yesterday morning I looked out my door and noticed that my motorcycle was missing. Logic told me that it had to be a local job, as I live at the end of a barely traveled street and my cycle has only been parked in my front yard about five nights in the last year. Of course, the first thing I do is call 911. They inform me that I needed to contact Aiken County Public Safety. The problem is that I am barely in the city, so there is always confusion as to who should be my first responder. (Judging by the taxes and the water bill, I think it should be the city.) When I called the number the uninformed dispatcher gave me for Aiken, I got nothing but a busy signal. It was at this point that i noticed fresh tracks from my cycle(new tires last week) that appeared to be leading into the woods. It was at this point that i asked my girlfriend to call the police again and armed myself to try and secure the area. It seemed right at the time, since I have always had to use a gun to scare off the drug dealers and prostitutes in my woods. I figured the tracks looked so fresh that it had to be after the early morning rain showers, so there was a small chance that the culprits may still have been in the vicinity. I took my shotgun(broken open over my shoulder so no one would think it was ready to fire) and a pistol and checked the woods while the police were on their way. This needed to be done since some exits from the woods are in the city and some aren't and I didn't need another jurisdiction argument. As I was finishing my fruitless sweep of the woods, my girlfriend called and said she talked to the police and they were on their way. Finally, the cavalry was coming. My mistake was that instead of walking back through the woods, I took the short route and walked a block through the neighborhood back to my house. During this time I did not point or present the firearm to anyone, though it is hard to miss a man on the street with a shotgun over his shoulder. I was just trying to get back home and I am truly sorry for anyone I may have frightened. The reality of the gun scaring others was not readily apparent to me until the police arrived and I had one pointed at my face. At this point I was in my yard, totally calm(or shocked), and my mother had just arrived. The officer did tell me several times to drop my weapons, but he only needed to say it once. Only a fool would not drop his weapon looking down the barrel of a gun. There was no need to say it more than once and it angers me that the article made me seem uncooperative. If a man with two guns does not drop them when an officer has a gun in his face, he gets shot. That should put an end to the lie that he had to ask me more than once to put my gun down, since no shots were fired and I am not in jail. The responding officer had my guns in his possession immediately and I was totally calm. This should have shelved the gun issue temporarily and started the missing vehicle search. It did not. I was never asked to give a description of the vehicle(not even the color or condition of it). I figured they would have at least asked if I left the keys in it or something. All I got was a talk about how it was in Augusta by now and I would never see it again. Sorry for being so long winded, but yesterday was a long day. I got robbed, lost a little more faith in humanity, and got a criminal gun charge. It is bad enough that this article made me seem like a deranged vigilante out for justice, but these attacks on my character are simply adding insult to a very injured man. I just wanted to clear the air and let's clean up the streets please. I don't want to have to have guns to feel safe, but that is what it apparently has come to. Once again, sorry neighbors for scaring you.

Jounalism; i sold my River home over there and bought one in GA cause of the same stuff you're going through. The NADPS is under investigation for public endangerment by the Justice dept and they are on Tape recorded conversations LYING to the FEDS. Contact me anyway you can and we will help you in ways you may not be be able to imagine. The main thing is this needs to go before a jury to document everything under oath. Do not beleive the lies they are going to feed you about pleading. Once a jury hears this they already know how NADPS lies & they should drop charges then you can sue them if you want. They are notorious for using tax money against the property tax payer. They are commiting a FELONY when they do. This is a GREAT CASE if you have a witness that the cop only asked you to lay down your arms once but lied on the report like they often do. My next show will be this Sunday at High noon on WBEK TV Crime Reports and Rewards. My contact info will be at the end of the show.

ozarkalien
0
Points
ozarkalien 09/29/10 - 02:42 pm
0
0
There are some people here

There are some people here that need to read the actual law.

The stated intent of the legislation is to codify the common law castle doctrine, which recognizes that a person’s home is his castle, and to extend the doctrine to include an occupied vehicle and the person’s place of business. This bill authorizes the lawful use of deadly force under certain circumstances against an intruder or attacker in a person’s dwelling, residence, or occupied vehicle. The bill provides that there is no duty to retreat if (1) the person is in a place where he has a right to be, including the person’s place of business, (2) the person is not engaged in an unlawful activity, and (3) the use of deadly force is necessary to prevent death, great bodily injury, or the commission of a violent crime. A person who lawfully uses deadly force is immune from criminal prosecution and civil action, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known the person is a law enforcement officer.

H.4301 (R412) was signed by the Governor on June 9, 2006.

AutumnLeaves
11548
Points
AutumnLeaves 09/29/10 - 02:58 pm
0
0
I wasn't aware that South

I wasn't aware that South Carolina also had a castle law.

AutumnLeaves
11548
Points
AutumnLeaves 09/29/10 - 03:01 pm
0
0
As we found out, contrary to

As we found out, contrary to Corgimom's statement, the young man DID call the police first. The public just needs to be educated what we can and cannot do with weapons even when we are being stolen from. I believe there is truth in both the young man's perspective and the officer's perspective. I hope they will toss this charge out, now that they've heard the whole story.

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