Business owner hit with felony over shot

A man defends his business and is charged with a felony. Evidently, he's being charged with self defense which in New York is considered third-degree criminal mischief. What an outrage.
FROM DEMOCRATANDCHRONICLE.COM:
Business owner hit with felony over shot
Ben Dobbin
The Associated Press

(December 21, 2007) — Above all, John O'Connor said, he regrets pulling the trigger.

The Vietnam veteran and small-town councilman, who often packs a shotgun, said he had caught dozens of burglars over the past 30 years at his auto repair and salvage business and turned them over to Ontario County sheriff's deputies. But never before did he feel the need to fire his weapon.
Awakened by an alarm system late on Nov. 25, O'Connor drove to his shop near the hamlet of Honeoye and came upon a trespasser, who ran away. After alerting police, he spotted a second man in a car and shot out a tire when the car roared off.
Two suspects, Aaron Fuoco, 27, and Brian Jarvis, 32, were arrested at their homes the next day and charged with sixth-degree criminal trespass and conspiracy, both misdemeanors.
"They were thieves in the night, robbing my business," a visibly distraught O'Connor, 60, said after a brief court appearance Wednesday night on a felony charge of third-degree criminal mischief. "I will have to fight this all the way."
If convicted, he could get up to 16 months to four years in prison, lose his business dealer's license and have to resign from the Canadice Town Board. A preliminary hearing in Ontario County Court was set for Jan. 16.
"As it is a pending case, I can't (comment)," said District Attorney Michael Tantillo.

O'Connor drew loud support from more than 60 small-business owners, neighbors and other residents who jammed the Town Hall court in Richmond.
An expert marksman from his Marine Corps days, O'Connor fired one shot into the driver's-side tire at close range, said his attorney, Martin Muehe.

The car traveled for about a mile with a blown-out tire before crashing into a ditch on a sharp bend, Muehe said.