A former Wake County Sheriff’s deputy is facing charges after shooting at burglars.
Garner Police say around 12:30 p.m. Wednesday, two men tried to break into a vacant house on Nellane Drive. Police said Perry Whitaker saw what was going on at his neighbor’s house and went outside and fired his shotgun. Whitaker is now facing charges.
“We don't recommend them going and confronting suspects in any way,” said Lt. Wayne Moore with the Garner Police Department.
At first neighbors told police there was an exchange of gunfire between Whitaker and the burglars, but after investigating police said Whitaker fired the only shot.
The town ordinance is clear "it shall be unlawful for any person to shoot or discharge within the corporate limits of the town or on any town-owned property any gun." The only exception is self defense.
Police say Whitaker's life was not threatened and charged him with discharging a weapon inside the town.
“You are allowed to defend yourself if you believe your life is in danger, and our facts at this point don't support that is what occurred here,” said Moore.
Some Garner residents believe Whitaker did not do anything wrong.
“I'd go ahead and protect my neighbor or my own property anyway,” said Sheri Vaughan.
Joe Gupton disagrees.
“With the great police force like we have and everything else, I think that should be the first call, especially if it is a neighbor's home,” said Gupton.
Sean Sorrentino writes a gun blog and fights for firearm rights, he says it depends on the scenario.
“In defense of somebody's life I would probably intervene to help them, I don't know that I would intervene to stop some sort of property crime in progress,” said Sorrentino.
Police say not only should you not intervene with a gun, but if you do in Garner that means you could pay the price. If convicted of discharging a weapon inside the town Whitaker could have to pay a $50 fine and spend 30 days in jail.
Police say if you see a burglary, you should call 911, and be a good witness. Get any information that will help the police do their job.
Police are still looking for the two suspects. They could be driving a white Pontiac.
North Carolina law states you can use deadly force when you fear death or serious bodily injury, or if you see someone else in those circumstances. Police said Whitaker was only defending property.
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