Cape man with Gun

[Producer]

http://www.capecodonline.com/cctimes/manarrested21.htm

I was at that very spot last Sunday at 2pm (in front of Dragon Light) when some punks were harassing me and my wife. We both said a few threatening things and then went our own way. Nothing major and a fairly common experience that we run into on Main St and at the Mall. But still uncomfortable when you just enjoying a nice day visting shops. These guys where just wondering up and down Main street, wearing their hat sideways, intentionally blocking people, and cursing up a storm. They were looking for trouble.

I would never pull my gun out unless I was going to use it. And it would be for a heck of a good reason. I also don't just CC when going out for a few hours. I am a pretty big guy anyways, and never look for trouble.

But I kind of feel for the guy, even though he completely abused his right.





Article here when the Times removes it....
HYANNIS - Police arrested a Revere man who allegedly pulled a gun on a Yarmouth man on Main Street late yesterday afternoon.

Paul Sek, 49, was charged with assault and battery with a dangerous weapon, a felony that carries a potential five-year prison sentence. He allegedly pulled a loaded gun on a 24-year-old man at Main and Sea streets, police Sgt. Ben Baxter said. The gun wasn't fired and there were no injuries.

Yarmouth police officers Paul Mellett and Tom Hennessey apprehended Sek after spotting his 2006 Dodge Ram truck on Higgins Crowell Road, Baxter said.

Sek told police he pulled the gun, for which he has a license, on the 24-year-old because the Cape man was threatening his wife, Baxter said. Sek was held at the police station last night and was scheduled for arraignment this morning at Barnstable District Court.

 

[Rob Boudrie]

Hopefully this person will have the sense to demand a jury rather than a bench trial. One member of a MA club I know was proscuted in a Metrowest town for assult because he displayed, but did not point, his gun when someone grabbed him by the throat. He opted for a jury trial, took the stand to tell his side of the story, was found non guilty with a very short deliberation perion, and got his LTC back. I have very litle confidence that a bench trial would have resulted in the same outcome.

As to "apprehending him after spotting his truck" - bad move. If you pull a gun on someone, call the police, report the assault and get yourself down as the complaintant. It may not prevent you from being arrested, but you'll be acting like someone with nothing to hide - and the other party will face charges as well (though charges against the person without the gun may be dropped in return for testimony against the gun bearer). What would you want the jury to hear? "We were given the license plate an apprehended...." or "The defendant called us.... (followed by playing of the taped call where you report an assault)"

 

[Adam_MA]

I also don't just CC when going out for a few hours.

When I am going ANYWHERE that is legal for me to carry, I am strapped. The way I figure it, with my luck the ONLY time I say "I'm just going out for a bit, no need to carry" will be the only time in my life that I will actually need it.

I think this guy's biggest mistake, was not being the one that called the police. He would be in much better shape right now, if he had called 911, told them that he was in fear of his life, and had to draw his weapon. He should have stayed put, waited for the police, given them a description of the perp. He would have probably still been arrested, however it would look MUCH better for him.

Adam

 

[Admin]

Good points Rob and Adam. He should have called 911 immediately. A good reminder for all of us in here.

 

[Martlet]

Rule number one in "Covering Your Ass".

If you pull the gun with one hand, you'd better be dialing 911 with the other before the guy you draw on does.

 

[Producer]

Your both right about that. Didn't even think of calling 911 when reading this story. Must of been out of fear of getting the police involved in the first place.

I guess the main reason I don't carry during the day is that sometimes I will go out for a drink, hit the beach for a swim, or have to go to a school and pick up my daughter. So I just am in the habit of leaving it locked at home during the day. It also just a pain to conceal during warm weather.

 

[Martlet]

Good points Rob and Adam. He should have called 911 immediately. A good reminder for all of us in here.

If my wife hadn't interrupted me mid-post about a silly "boo boo" I'D have posted first and not looked like a copy cat.

 

[Coyote33]

Calling 911 didn't work out so well for that woman in Western Mass. who was "threatened" by a semi truck.

 

[anthonyne]

I agree that this guy abused his right, and of course he should have called 911 first, but I'd be willing to bet that the person he drew on soiled his drawers and won't be hassling any one else minding their own business on the street!

P.S. I don't condone this type of thing, nor am I defending anyone. I'm just sayin'.

 

[M1911]

Calling 911 didn't work out so well for that woman in Western Mass. who was "threatened" by a semi truck.

There are those of us who seriously question the wisdom of her actions.

 

[drgrant]

I think this guy's biggest mistake, was not being the one that called the police. He would be in much better shape right now, if he had called 911, told them that he was in fear of his life, and had to draw his weapon. He should have stayed put, waited for the police, given them a description of the perp. He would have probably still been arrested, however it would look MUCH better for him.

Adam

+1000. This matters no matter what state your in. If -you- are the
complaintant, you are generally given the benefit of the doubt. If the dirtbag calls first, then it makes you look like the agressor, not the
victim.

-Mike

 

[Coyote33]

No kidding, M1911.

 

[drgrant]

Calling 911 didn't work out so well for that woman in Western Mass. who was "threatened" by a semi truck.

Things would have gone badly for her one way or the
other.... If she didnt call the police, the trucker would have
probably done so anyways. Then it becomes a he said she
said thing, and the person with the gun will look worse. (At least
in this state, where the presumption by most issuing authorities is
that you should know better).

IMO in her case, pulling a gun was stupid... given that actually having
to use it from a moving vehicle would have been an exercise in
futility at best. Not to mention that even if by some miracle, she
could have gotten a CNS hit on the truck driver... well, the truck probably
would still be moving in its "running her off the road" vector. (Note: I'm
not justifying her escalating to deadly force, I'm just speaking from
pure practical standpoint... eg, all other circumstances set aside for
the moment...) My rationale here is why pull a gun unless you intend
to hit something with it? Even security contractors and the like
agree that if you are alone, and you are driving, the car is your BEST
weapon, bar none.

There are also about 9000 dependency failures in her case... she probably
could have sped up, slowed down, evaded, or ditched the vehicle without
getting in a collision with the truck. I'd rather screw up my car and swallow
my pride than end up in court on the wrong end of a deadly weapons
charge. Even a totaled vehicle is probably a lot cheaper overall. (IMO,
losing ones LTC, even temporarily, is a pretty huge loss... )


-Mike

 

[M1911]

+1 drgrant

Her best move would have been to get out of the truck's way. Whether by speeding up, slowing down, pulling over, whatever.

 

[Weerd Beard]

I think this would also be good advice if you spray somebody down with chemical.

Of course if I was forced to give somebody the pepper, I'd first leave the scene, but as soon as I felt I was a safe distance, I'd call 911 and give the story.

The LAST thing you need is the cops looking for you, since that's what they do to the bad guys. Don't ever let them confuse one with the other.

Plus if some punk files a complaint of a pepper assault, and you didn't report it first, that probably would constitute a denial of your firearms permit at the LEAST.

But I wouldn't stick around after using Pepper, I don't trust the stuff to do ANYTHING...but being a subject of Metro Boston, it's my best option

-Weer'd Beard

 

[CaveDog]

On a personal level, if some punk decides to harass someone and threaten thier wife, then gets a gun shoved up his nose, I'd file it under "be careful what you ask for".

Of course, legally speaking, shame, shame on that irresponsible gun owner.

 

[second]

sigh........

 

[Rob Boudrie]

That woman in western MA made a HUGE mistake in not selecting a jury trial. In the old days of the de novo system, defendants were entitled to a jury trial if they did not like the outcome of the bench trial.

In the case of the woman in western MA, the judge was able to issue a penalty of "$400 fine + felony (I think) disabilities." A jury does not have the luxury of knowing the penalty at the time they assess guilt, so they cannot find someone guilty with confidence there will be no jail time.

Accepting a bench trial can be tempting when your lawyer is telling you that the judge is a pretty fair individual, and it will cost an extra $5K or so (which you need to pay in advance) for a jury. But, at the district court level, a bench trial means that the prosecution has to convince one person you are guilty; a jury trial requires that 6 people be convinced.

 

[Danguard Ace]

I just spoke to someone whose opinion I very much respect. He also happens to be a retired PO who has the right attitude regarding laws n' such. He wonders why more people don't carry pepper spray. It's a relatively effective deterrant and a hell of a lot less severe than a gun. He said "a gun is for when you have no other option and that's it."

This guy on the Cape should've pulled a can of pepper spray instead. Unfortunately hindsight is 20/20.

I'm going to start carrying pepper spray soon.

Paul

 

[Skald]

I'm going to start carrying pepper spray soon.
Paul

+1, I should try and get a can and a surefire light or such (I've read a few people who said they carry one) and try and find a place that would ingrain in me to go through steps instead of just going for the gun. As a few people said that you tend to do what your trained to do in a stressful situation and if I'm just trained to pull a gun, take a guess what would get drawn first.

 

[Lugnut]

What are the laws regarding the use of pepper spray? I assume you need to threatened but not if fear of death??

 

[Coyote33]

Every time I see this title, I think "Caped man with gun" and picture Superman.

 

[Bore.224]

It sounds as if this guy pulled his gun way too early.However I dont think based on the info on this thread that he should face any leagal penalties.

In my opinion pepper spray is BS. Ask yourself why would you have to mace spray somebody?

 

[Danguard Ace]

In my opinion pepper spray is BS. Ask yourself why would you have to mace spray somebody?

Well in this state (and some others), you would pepper spray someone in the face to buy yourself time to flee. ...

Or better yet, disable him so that you can kick him in the nuts! HARD

 

[Weerd Beard]

In my opinion pepper spray is BS. Ask yourself why would you have to mace spray somebody?

I don't really trust either of them to work. But I know that Mace has a MUCH higher vapor pressure (or is it lower...I forget) but on a cold New England day your spritz of Mace will be as effective as foul language on a Goblin. I carry pepper for the same idea as carrying a Glock...it'll go "ka-boom" every time.

Wether or not it'll do what I want it to do is another issue.

-Weer'd Beard