A massive miscarriage of justice…
I came across this story today on Americas Watchtower and am almost speechless…
Last week New Hampshire resident Ward Bird reported to the New Hampshire State Prison after the state Supreme Court upheld his conviction for criminal threatening. Because of the state mandatory sentencing guidelines, Ward Bird was sentenced to serve at least three years in state prison.
In 2006 a woman showed up on his property–which was clearly marked with “no trespassing” signs–looking for directions to property that she was thinking about buying. She claimed that Ward Bird came out of the house waving his .45-caliber handgun at her and shouted profanities at her. But that is not what happened according to his wife, who said this:
He had a gun but he didn’t point it at her, even though that’s what she said at the trial,” said Ward Bird’s wife, Ginny Bird. “He had been trying to get her to leave for a long time and held up the gun to check the safety as he was coming into the house to call police and tell them there was a trespasser on our property
Even if everything happened exactly how the “victim” said it happened I don’t see how it could be construed as a crime. She was committing a crime by trespassing and he has every right to remove her from his property. I am just lost as to how this makes any sense…
Laying aside the fact that her allegations don’t even constitute a crime in my mind, how does a jury convict someone when there is only one witness not involved in the incident, and that witness does not corroborate the “victim’s” story? I know it was his wife and therefore her testimony could be construed as biased; but, in that case, how there enough evidence to convict this man of any thing? Steve, at America’s Watchtower, makes the point that Mr. Bird was not some unsavory type and the “victim” an angelic epitome of virtue:
Ward Bird is not one of those loners who hates people and doesn’t want them anywhere near him, he is a staple of the community. He is a father of four, has never been in any trouble, and in fact is a local Boy Scout leader. In fact, the woman who lodged the complaint spent time in jail for animal cruelty–this little fact was not allowed in court–and in fact was on Bird’s property illegally.
Wait a cotton-pickin’ minute?!?!? An upstanding citizen is being convicted based on the word of a criminal, and that fact is not allowed to be presented in court? (facepalm)
Now read this gem from America’s Watchtower:
Ward Bird had the opportunity to plea his way out of jail time, but the plea bargain would have cost him his right to own and carry firearms. He decided to take a stand, fully believing that he did nothing wrong and had the right to defend his family and his property. He stood up for all gun owners across the state when he easily could have backed down and for that he has lost his freedom. The New Hampshire constitution is pretty clear when it comes to gun rights, even more clear than the United States constitution: “All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.”
Ward Bird thought he had the constitutional protection to defend his property, but alas he was proven wrong by a jury of his peers and must pay the price.
Apparently this “jury of his peers” can’t read, judging by the wording of the New Hampshire constitution… (double facepalm)…
Here is a final word from America’s Watchtower on a possible resolution to this travesty:
As support for Ward Bird continues to grow all across the state of New Hampshire all eyes will be focused on Governor John Lynch. He has the power to correct this affront to our liberties by pardoning a man that was simply defending his property. Earlier this year the governor signed into law a bill that allowed violent criminals and child molesters to be released early in order to save the state a few dollars. If he can do something as vile as that in good conscience, surely he can free Ward Bird.
He’d better, this is unconscionable…
“Excellence is a habit. You are what you repeatedly do.”
Why would having a gun be a “threat” to her if he was heading away from the “purported” victim, back to his house? If he were chasing her w/the gun, that would be another story. Did this every occur to anyone.
Apparently this kind of logic is not part of being in the liberal “intelligencia”…
Why bother having laws on the books if the public has no right to utilize them. I don’t see “the law” arresting the “purported victim” of “trespassing” and, she was in fact trespassing.
In addition, a “reasonable person” would have “just left the property” and not “pushed the issue” when she was not entitled to. If she “even thought the gun was loaded”, for heavens sake, woman, LEAVE THE DARN PROPERTY. This is not plausible that she “was so scared, that she kept trespassing and kept trespassing…..!!
Hehehehe…
She was so scared she couldn’t help it! Good one carol!
Hmm. His neice directed the visitor to go where she went… pass the no trespassing signs. His neice then called him to warn him that the woman might mistakenly get to his house, and correctly identified the woman so there would be no mistake. He still went all hillbilly on her. He is not at all sympathetic…. just pathetic.
Justice has gone to the dogs: He simply asked her to leave his property !
I bet our ’76 Patriots shook in their graves.
You got that right… …I’d imagine by now their pretty much on a permanent spin cycle…
I’m just going over the facts of this case now after it was brought to my attention (I’ve been out of state for a bit) but let’s look at a few things:
New Hampshire’s Competing Harms Law:
A person has the ability to commit a lessor crime in order to prevent a greater crime. As such, Ward Bird is justified in committing a crime lessor than the crime be believes he is preventing.
Ward was contacted ahead of time that there was a woman in a Green Ranger lost in the area looking to view a property for sale and she might mistakenly end up on his property.
So:
Ward Bird’s claim is that his actions were justified because he was protecting his property under Competing Harms. That is, a reasonable person would believe that he was preventing a crime greater than he was committing, just making his actions justified.
The State’s claim is that his actions were not justified because a reasonable person presented with a stranger on their propertly after recieving warning from a relative about a lost driver in a vechicle matching the description might accidentally enter his property while looking for a neighboring property which was for sale would not fear bodily or property harm.
Clearly, if Ward Bird’s actions meet the legal definition of felonious criminal threatening, they are not a lessor crime than any crime he could have expected to be preventing. Which bring the whole case to:
Did the jury believe Ward Bird’s actions met the legal definition of felonious criminal threatening. Clearly, the jury believed that there was sufficient evidence to prove beyond reasonable doubt (no a shadow of doubt as movies, TV and defense lawyers like to say) that Ward’s actions constituted felonious criminal threatening.
Sorry that I haven’t replied to your comment before, but we’re in crunch time at school (finals start on Saturday), and I literally haven’t looked at whats going on here for a week or so.
What is the definition of felonious criminal threatening?
How is it that he is convicted based on the word of one person when actual harm was not done to that person?
I’m still not happy to see a man spend three years in prison for telling someone (albeit f forcibly) to leave his land…
Thank you so much for the link and thank you for helping to spread this story! This is a travesty, even the judge presiding over the case did not feel that Bird should have received any jail time, but the minimum sentencing guidelines took away his right to impose a lesser sentence. In the end I think that justice will be served–I think the governor will pardon him–but it should never have made it to this point in the first place!
I certainly hope the governor pardons him, but even if he does, as you say, it doesn’t change the fact that this travesty took place…