Plea deal for Layton homeowner who shot at burglar


8 photos
Save Story

Show 1 more video

Leer en español

Estimated read time: 2-3 minutes

This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.

FARMINGTON — A Layton homeowner accused of illegally firing shots near a suspected burglar had his day in court Tuesday, and 911 tapes of the incident revealed the tense moments before police arrived.

In court, Clare Niederhauser agreed to a deal that includes a lessened charge of a class B misdemeanor discharge of weapon. He also agreed to pay a $700 fee, take a weapons class and forfeit the weapon he used, a .357 caliber handgun.

Police arrested the 64-year-old Niederhauser on Jan. 31 after he fired two rounds at fleeing burglars. A recording of Niederhauser's call to 911 revealed the details of his actions prior to the shots being fired.

"I just got a guy at gunpoint here on my driveway, breaking and entering. Please send somebody immediately," he told the dispatcher.

Two other people appeared to be waiting outside in a car, Niederhauser said. "They honked the horn, he came running out. I met him at the front door," he told the dispatcher.

According to police, Niederhauser fired one shot at the getaway car and another shot at the alleged burglar, later identified by police as Robert Cruz, as he fled on foot.

Officers later found and arrested Cruz, but police also arrested Niederhauser. While no one was hurt, police said the shots were unlawful because the burglar was fleeing Niederhauser's property.


I think it's arguable that he was justified. I wasn't 100 percent confident we would win on that theory, and that's why we settled the case.

–Mitch Vilos, defense attorney


Prosecutors later charged Niederhauser with reckless endangerment for firing a gun when he wasn't in imminent danger. After combing through the evidence, they ultimately dropped one charge as part of a plea deal.

For his part, Niederhauser pleaded "no contest" to firing a gun over a city street.

"The purpose of these shots was to stop the burglars, not to shoot at them or harm them in any manner or form," defense attorney Mitch Vilos said following Tuesday's hearing. "That's clear from the record and clear from his statements."

Neighbors have stood by Niederhauser for defending his home. Even so, at Tuesday's hearing Niederhauser apologized and said he "should have known better."

Layton City prosecutor Steve Garside said he felt justice was served in this case. Vilos, however, wasn't so sure.

"I think it's arguable that he was justified," Vilos said. "I wasn't 100 percent confident we would win on that theory, and that's why we settled the case."

Both sides in the case said they were pleased with the agreement reached. If Niederhauser meets all of the requirements by the court, his record can be expunged in one year.

Photos

Related stories

Most recent Utah stories

Related topics

Utah
Andrew Wittenberg and Associated Press

    STAY IN THE KNOW

    Get informative articles and interesting stories delivered to your inbox weekly. Subscribe to the KSL.com Trending 5.
    By subscribing, you acknowledge and agree to KSL.com's Terms of Use and Privacy Policy.

    KSL Weather Forecast