confiscated handgun

[JD Pinardi]

On Jan 18th someone stole a backhoe from our property, I was in my motor home next to the shop getting ready to take a shower when I heard it fire up. I ran outside in my underwhere and socks and watched it driving off. I had a 45 1911 in my hand and jumped into n my 1975 4x4 and started chasing the subject, he went down a wash and onto a dirt road when I finally got in front of him. He stopped jumped out and stood there staring at me with his hands behind his back. I yelled show me your hands, he didn't. so I fired a round into the bank next to me at which point he took off over huge slope into the desert. The backhoe started rolling backwards, I chased it, but was still in my socks and underwhere. Luckily it went into a bank on the high side instead of going off the cliff. The local police kept me there for about 2 hours saying with that 1 round I might have shot the thief. After a lot of looking they turned me loose and conficated my 45, they said in case someone showed up wounded. I told them if I had fired at him he would be dead right here, and asked If I was trying to shoot him why did I only fire 1 shot.
Now it's 5/15/19 and they still haven't released my gun. They haven't made an arrest on the backhoe thief. They haven't found a wounded person. They just tell me it's all under investigation because I fired a weapon in the city limits.
Anyone have any advice on this, I'm in a small rural town, Wickenburg, Az
Thanks
JD Pinardi

 

[Wisco]

You couldn’t have handled it worse than you did from a safety AND legal aspect. For the continuing legal aspect - get a lawyer.

 

[newfalguy101]

Wait, wait, and wait.

Couldnt hurt to consult an attorney, or perhaps even a polite call to the da's office to ask about the disposition of the case, and the possibility of getting your gun back.

 

[cjwils]

There is a lot of discussion on this and other forums that says firing a warning shot is a very bad idea. In most jurisdictions the legal concept seems to be that you can only fire to defend yourself or another person, and only when in immediate danger. If you deliberately missed the suspect, that proves you did not need to defend yourself, hence your shot was probably illegal.

 

[GEM]

The advice to get a lawyer is the best. I have no idea how this will play out, so I'm closing it so the OP doesn't have the chance to dig a deeper hole.