Belmont - CCW Defends Against Machete

[911_Ted]

http://www.wickedlocal.com/belmont/news/police_and_fire/x1170285591/Arrests

Belmont, Mass. - Anthony Forziati, 64, of 114 Eastern Ave. in Arlington was arrested on May 22 and charged with assault and battery with a dangerous weapon.

Forziati reportedly became enraged when a surveyor working on Moraine Street asked him to move his car and allegedly threatened (the surveyor) with a machete from the trunk of his car.

The surveyor, who is licensed to carry a firearm, reportedly asked Forziati to drop the knife, and when he did not comply he showed him his weapon and suggested he rethink his actions. Forziati was waiting in his vehicle when police arrived.

 

[x-frog-22]

A rewording of an old saying,bring a gun to a knife fight.

 

[Rob Boudrie]

Once Forziati's lawyer gets into the act, the surveyor will probably find he needs an attorney to defend against his assault case - unless, of course, he agrees to support dropping the charges against his alleged assailant.

 

[Neptune Cat]

He really should have dropped everything and ran away. Guns are very dangerous.

I'm supprised his arrest story wasn't following in the article.

 

[jar]

It'll be interesting to see what happens. I hope we hear the rest of the story. There shouldn't be one beyond Forziati going to jail, but this is MA. I'm curious to see if things really are as bad as everyone seems to think.

 

[Snapshot]

If I remember correctly, and I'm sure somebody will correct me if I don't, in MA he is required to attempt to flee first before he can pull a gun.

So in other words the guy with the gun is screwed.

 

[Baystatesuks]

If I remember correctly, and I'm sure somebody will correct me if I don't, in MA he is required to attempt to flee first before he can pull a gun.

So in other words the guy with the gun is screwed.

Massachusetts does have a castle doctrine, but as the name implies you have to be in your castle (or a small cape in my case). In other words, there is no duty to retreat if you are in your home. This is a defense and not a license.

Chapter 278: Section 8A. Killing or injuring a person unlawfully in a dwelling; defense

Section 8A. In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.

Outside of your dwelling and assuming you can safely retreat, then I would gather you should retreat. Don't know all the facts here.

 

[HOPHEAD]

The generally accepted rule is that if an agressor is within 21 feet with a knife, machette, or other sharp weapon, they are a deadly threat (see Tueller Drill). An average man can cover 21 feet and strike you with a knife by the time you can draw your gun and fire off one shot.

Trying to retreat from a man with a knife or machette may not be the best idea.

 

[Baystatesuks]

The generally accepted rule is that if an agressor is within 21 feet with a knife, machette, or other sharp weapon, they are a deadly threat (see Tueller Drill). An average man can cover 21 feet and strike you with a knife by the time you can draw your gun and fire off one shot.

Trying to retreat from a man with a knife or machette may not be the best idea.

Hey, I agree. Just not sure what distance the prosecutors in this state would deem reasonable so that no retreat is required. Probably an arms length.

This is also why I like open carry laws. Much faster to get to a gun on your hip or thigh than be fumbling with getting a gun out of your IWB holster covered by your shirt.

 

[BOBKATT]

This is also why I like open carry laws. Much faster to get to a gun on your hip or thigh than be fumbling with getting a gun out of your IWB holster covered by your shirt.

True, but it also lets the knife guy know that your armed. So don't pull your knife out and run at the armed guy, keep it in your pocket and wait till his back is turned. So this combined with your reason for open carry are enough to show me that there are good and just armuements on both sides of the debate and therefore it should be up to the individual to decide as to what form of carry they perfer.

I like open carry for the the reason that if your shirt blows open and someone sees your ccw some loon can't take your 2A.

 

[WayneWong]

In this case the surveyor diffused the confrontation, but this could have just as easily ended in an escalation and death. This isn't over.

 

[jairadio]

Tony has problems

Found this in the Cambridge Crime Watch

June 14, 9:28 p.m.: Anthony Forziati, 64, of 114 Eastern Ave., Arlington, was arrested at Mount Auburn Hospital and charged with trespassing after refusing to leave.

I think Tony has been misbehaving.

Now he is running around with a machete.

 

[WayneWong]

The Massachusetts Central Kommitee will never outlaw machetes as it would be a cultural affront to our jungle beating immigrants from the southern hemisphere.

 

[clearshot7]

This story bears watching!, but, being MA, I have strong doubts that this will turn out supporting 2A. I hope that I am wrong.

 

[BOBKATT]

This isn't over.

It's never over in MA, we give second chances to anything from murderers to child rapists. Why do you ask? Because it's for the children. Hey, wait a minute....

 

[law dawg]

When I was in the Border Patrol I came around a corner and surprised a border bandit, who promptly charged me with a machete. I was too close to draw and fire, in my opinion (that's my story and I'm sticking to it!) so I ran away a bit until I could deploy.

Then charged back into the fray, whereupon my esteemed bandits jumped back into the Rio Grande and fled to Mexico.

Scared the crap out of me........

 

[sksguns]

The guy pulled that knife out and threatened him so he should have shot him. I think he's screwed...but I've been in Mass all my life and it seems impossible to boast self defense in this state.




What does this mean?

"that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling."

You can't just shoot him beacause he was ther eand shouldn't have been?

 

[drgrant]

It'll be interesting to see what happens. I hope we hear the rest of the story. There shouldn't be one beyond Forziati going to jail, but this is MA. I'm curious to see if things really are as bad as everyone seems to think.

Depends on how much of a douchebag the local DA/prosecutor is.

I think it would have been a lot worse for the surveyor if he had shot the
guy with the machete, especially if it ended up with machete guy being
DRT. Generally speaking dead guys cause the alarm/whining
level to go up considerably; the DA at that point, is basically compelled to
charge the defender with "something".

-Mike

 

[jairadio]

Hopefully some of the Belmont members can keep us posted as this progresses. The LTC holder definitely used good old "Common Sense" in this incident, his response in my eyes were perfect. Although this has taken place in MA, I can't see how the authorities can bring any type of charges against him, in fact they should thank him for his actions.

This is posted complimenting the defender, what the results will be, I have no idea, but hope I am right and nothing happens to him.

 

[VTpro]

This is why everyone should do their Jury Duty

 

[Erebus]

What does this mean?

"that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling."

You can't just shoot him beacause he was ther eand shouldn't have been?

Nope, if he is stealing your brand new big screen TV you can't lay a finger on him or you will be arrested for assault. Call the cops and hope they get there before your TV is gone.

 

[abomb60]

and when he did not comply he showe...he scumbag unless i'm missing something here.

 

[GSG]

A clever way of phrasing it would be "I showed him my gun and he stopped," then leave it at that.

Lawyer up later and decide if you want to say you showed him a holstered gun or you showed him the muzzle.

But who can say. I'd like to see more info on it, as usual.

 

[GSG]

Or just lawyer up at the start, no statements, but who knows what he said.

 

[TomH]

Nope, if he is stealing your brand new big screen TV you can't lay a finger on him or you will be arrested for assault. Call the cops and hope they get there before your TV is gone.

Not if he was "about" to drop the big screen on you!

 

[Erebus]

Not if he was "about" to drop the big screen on you!

Well if he tries to throw a big heavy TV at you I could see that perhaps as a defense. Not sure if it would hold up though. Might be a better question for Scriv.

 

[911_Ted]

To help close this out, there will be no criminal charges filed against the VICTIM (And being this is Massachusetts, let me clarify that the victim is the surveyor who had the machete pulled on him).