[bellae]

This was in my local newspaper. I thought a gun could only be drawn if it was clear you were in threat of serious bodily injury even in the defense of your home/property. From the article (which I know probably didn't give all the details), it didn't sound like there was justification to draw a pistol. Just wanted to get other peoples thoughts.


Butler Eagle
Article published November 17, 2007

Man cleared in signs action
Gun pointed at suspect

CLINTON TWP — State police say a former candidate for township supervisor did nothing wrong by using a gun to detain another township man allegedly caught in the act of stealing campaign signs.
Trooper Frank Cichra said Arthur Biernesser did not violate any laws on Oct. 27 when he held Matthew Buss at gunpoint until police arrived.
"I haven't talked to him (Biernesser) about the remote possibility of him being charged," Cichra said.
Cichra said Biernesser was protecting his property, the campaign signs and himself as he didn't know if Buss possessed any weapons.
Biernesser agreed, saying he was unsure whether Buss had a gun at the time.
"He was reaching into his back pocket," Biernesser said. "I thought he was going for a gun."
Biernesser said if Buss and Kenneth Vierling, the other township man charged with attempting to steal the campaign signs, were bold enough to go on private property to steal signs, what else were they capable of doing.
Buss, 20, is charged with theft, receiving stolen property, loitering and prowling at night, criminal mischief, possessing instruments of crime, and criminal conspiracy. Vierling, 23, is charged with receiving stolen property, criminal mischief and criminal conspiracy.
Vierling is accused of driving a pickup truck while Buss was allegedly pulling the signs out of the ground to throw into the vehicle.
Having had his signs stolen previously, Biernesser had been waiting in his pickup the night of Oct. 26 to catch people doing it again. Seeing Buss grabbing the signs on Biernesser's property at the intersection of Route 228 and Saxonburg Boulevard, Biernesser chased him down the road.
Buss stopped when Biernesser confronted him about 12:30 a.m. Oct. 27. Buss claims Biernesser threatened him while waiting for police to arrive.
"At the time, I was pretty intimidated," Buss said.
Biernesser denies threatening Buss with the .380-caliber pistol.
"No. Absolutely not," Biernesser said.
Cichra said Buss did not state that night that Biernesser had threatened him. When Buss and Vierling later tried to make a case of Biernesser making terroristic threats, Cichra attempted to get them to write statements. They refused, Cichra said.
Vierling claims Biernesser pushed Buss to the ground and put the gun to Buss' head before pointing the pistol at Vierling as he passed by in his vehicle.
Although Vierling didn't stop, he later returned when police had Buss call him back to the scene.
Both Buss and Vierling admitted they were wrong to steal the signs, but said Biernesser overreacted by using a gun.
Biernesser disagrees.
"I have the right to bear arms, and I have the right to protect my property," he said.
Buss and Vierling's preliminary hearing will be Nov. 26 before District Judge Sue Haggerty in Saxonburg.