Central Mass Homeowner Holds "Trespasser" at Gun Point...

[jgeebs413]

I also understand that if he walked into the garage without breaking in that would be just entering and not breaking in which is a felony in daytime. So that's where the trespassing charge came from. This is just frustrating to read. . . I need a beer.

 

[Deleted member 12999]

If Mass pulled its head out of its ass, it would distinguish between a show of force, and a use of force relative to being in your own GD home.

 

[In_God_We_Trust]

http://www.northeastshooters.com/vbulletin/threads/147970-Self-Defense-Jury-Instructions?highlight=self+defense+jury+instructions
Self Defense Jury Instructions

I just threw up in my mouth reading that. If you are involved with anything where a jury is passed that, you honestly need to STFU for any "interviews" and hire a DAMN good lawyer.

 

[Pelikan]

I think you (and a few others) are asking the wrong question. This issue isn't whether the bad guy had invaded an abode for purposes of the statute. The issue is whether he presented a threat of death or serious bodily injury to a lawful occupant. Remember: all the statute does is remove the obligation to flee on the part of the lawful occupant. In essence, the statute negates an exception, but negating an exception does not by itself make the general case.

Yup, I was definitely looking at it another way.

Wow, this state is @#$@ed.

 

[MisterHappy]

Maybe I'm naive, but I like to think there'd be significnt political fallout from charging a homeowner for not shooting a robber in his garage. Even in Massachusetts.

yes, you are.

If you rewind the tape to the guy who saved the psychiatrist who was being stabbed in Boston, it took six months for him to be "cleared" .

He should have been given the Key to the City, an Attaboy certificate, and the ammo that he expended, replaced.


What happened in THIS story was that a person who was lost, and was trying to ask for directions (or possibly find a map, as there might have been one in a car in the garage) was Threatened With an Assault Weapon (after all, it was used in an assault on the poor, lost child).


remember....self help is discouraged.

Now....I'm hoping that the correct course of action is taken.....but this IS Mass......

 

[Terminator03]

Probably the most cost effective option when you consider that you'd have to sell all your junk anyways to pay the legal fees that would result from options 1-3.

Boy is that ever a true statement here in MA!

 

[terraformer]

I wouldn't be too worried about the home owner being charged. If the State Police or the Phillipston Police don't take out the application for complaint it isn't going to happen. Most ADA's are lazy and do not want thier case load to increase at all. Why do you think that they water down and offer plea bargains instead of going to trial?

That may very well be what is happening here, but it's been a teachable moment to show how this can go bad too.

 

[299792458 m/s]

This all makes it seem pointless (from a legal standpoint) to even have a gun for self defense. I bet most people (including non gun owners) would find all of this ridiculous.

 

[OfficerObie59]

I thought that the standard for a citizens arrest (if that's how it's being categorized) was a felony 'in fact committed'

Well even though Im sure there are several details missing from the article (because we all know the Telecrap gets it all right) the fact that he opened the garage door is B&E (committed) all day long in my book

Unfortunately, it's a legal term of art--not you're own personal standard.

"In fact committed" means the fact finder at trial has to find them guilty. Basically, if the guy doesn't plead or get found guilty, you can be held criminally and civilly liable. Better hope like hell the DA doesn't offer a lesser penalty.

 

[MisterHappy]

This sort of situation is where the phrase "There is a difference between Law and Justice" truly has the potential to pop up.