Around 4p.m. Thursday (January 31st) a Layton, Utah man named Clare B. Niederhauser came home to find a strange car with two occupants, an black woman and an "older"black man, parked in his driveway.
When Clare pulled up the driver of the unknown car honked his horn. That's when a man, identified by police as Robert Santos Cruz, walked out the front door holding a pry bar in his hands.
What would you do?
Clare grabbed his gun from his car held it on Cruz, who wisely put the bar down and got on the ground. That's when the two people in the car began to back out of the driveway. Clare fired two shots in an attempt to disable the vehicle - one at the tires and one at the engine but the suspects fled because this isn't a movie.
Clare continued to hold Cruz at gunpoint while he called 911. When the first officer arrived, he started a conversation with Clare. At that point, Cruz tried to make a break for it and ran off.
As Cruz ran into the back yard, Clare fired a single shot off target from Cruz and he was then told by officers to stop and holster his weapon.
Cruz was arrested later nearby by other officers. Both Cruz and Clare were arrested although Clare was immediately released.
It appears Clare will be charged with two counts of reckless endangerment because the by the time he fired the burglars had either surrendered or were in the process of fleeing.
Utah state court records indicate that Cruz was sentenced to the Utah State Prison in 1995 and 2003 on drug and stolen vehicle related charges. A warrant was also issued for his arrest four weeks ago out of Millard County on felony drug-related charges.