ccm75
NES Member
If you enjoy the forum please consider supporting it by signing up for a NES Membership The benefits pay for the membership many times over.
I like how perps always have an answer ready....was he looking for his friends in the guys garage?
At least the guy has not been brought up on any changes YET!!!
He was released on personal recognizance bail after Judge Arthur F. Haley III rejected a plea agreement which he would have pleaded guilty and accepted a sentence of one year of probation.
I thought the standard thing to say was, "Stop resisting!"
The homeowner is a friend of mine. He is a Vietnam Vet. an avid trap shooter, and a member of the campaign team that I am working on.
The paper got some of the facts wrong, This was a straight up burglary attempt.
I have to say kudos to the responding officers and troopers. They assessed the situation and didnt over react. Mind you, the homeowner was shirtless with pajama bottoms and a .38. The suspect was wearing street clothes.
The homeowner envisioned being "cuffed and stuffed", but it never happened. (Thankfully) The Sgt from the MSP barracks in Athol (who lives nearby, and is pro 2A) pretty much took charge and the homeowner should fare pretty well.
As for the trespassing charge? the homeowner, and the cops are pretty pissed about that.
Oh and the quote from the homeowner "Who the fcuk are you and what the fcuk are you doing in my house"
The homeowner is a friend of mine. He is a Vietnam Vet. an avid trap shooter, and a member of the campaign team that I am working on.
The paper got some of the facts wrong, This was a straight up burglary attempt.
I have to say kudos to the responding officers and troopers. They assessed the situation and didnt over react. Mind you, the homeowner was shirtless with pajama bottoms and a .38. The suspect was wearing street clothes.
The homeowner envisioned being "cuffed and stuffed", but it never happened. (Thankfully) The Sgt from the MSP barracks in Athol (who lives nearby, and is pro 2A) pretty much took charge and the homeowner should fare pretty well.
As for the trespassing charge? the homeowner, and the cops are pretty pissed about that.
Oh and the quote from the homeowner "Who the fcuk are you and what the fcuk are you doing in my house"
The ADA undercharged, the judge released the guy ROR and refused to let him plead guilty (which may have been a right to counsel thing, but it could be more). Do your friend a favor. Tell him to keep his trap shut and get a good lawyer and don't repeat what he says to others or online.
FYI The Garage is part of the house.5) I hate to say it, but he would have been better advised to call the police and stay inside the house until they arrived.
FYI The Garage is part of the house.
1) I agree that the bad guy was under-charged; taking the newspaper recitation at face value, it sounds like clear PC for B&E/NT.
2) In any event, a threat of deadly force to resist a simple trespass is not privileged (and, therefore, not a good idea).
3) Likewise, a B&E/NT to an unoccupied space is not a crime against the person and, on its face, does not present a threat of serious bodily injury to the homeowner. Hence he is out on a limb if he responds with a threat of deadly force.
4) Massachusetts has some strange rules about a citizen's arrest. Basically, it does not recognize a privilege for a citizen to arrest for a misdemeanor and it does not recognize a citizen's use of deadly force to effect any arrest.
5) So, purely from a legal standpoint, our homeowner appears to have dodged a bullet. I hate to say it, but he would have been better advised to call the police and stay inside the house until they arrived.
6) Before a ton of merde comes down on my head: I am not advocating or defending the foregoing, merely reporting it. So long as one lives in this state, one has to recognize that violating its rules brings bad consequences.
The home owner should have just dug a hole. It would be a lot less aggravation in the long run. Shitbags like this will be shitbags forever
Yep, because it's not like the police would ever come "looking" for some random criminal, so who would miss him.
Wait. I'm reading this thread trying to figure out what the hell it is you guys are talking about, worried about the homeowner getting in trouble. Are you really saying that if someone breaks into your house or trespasses on your property in MA, you can't arm yourself or hold them at gunpoint until the cops show up?
Wait. I'm reading this thread trying to figure out what the hell it is you guys are talking about, worried about the homeowner getting in trouble. Are you really saying that if someone breaks into your house or trespasses on your property in MA, you can't arm yourself or hold them at gunpoint until the cops show up?