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Chicopee homeowner found not guilty in teen’s shooting death

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Lovell had opted to have a “bench trial,” or one in which a judge weighs the evidence and determines a verdict, rather than the more common trial by jury.
I wonder who his attorney was. ETA found it Defense lawyer Frank Flannery
 
Sounds like he got really lucky. Shooting someone through the door. Joe Biden would be proud but I'm not sure how you know your target and what's beyond when shooting through a door (unless it was just through the storm door?)
 
Shooting through a door sounds bad, but if the assailant broke the glass and the homeowner could see/identify his target. We really shouldn't expect him to wait for the assailant to be inside his home and have a chance for a struggle to ensue.
 
I'm guessing that theres a pile of evidence in his favor, given he opted to pick the bench trial, unless his attorney knew how this judge would operate WRT
self defense to begin with... it's also possible the kopsch f***ed up the investigation/evidence such that it made the case legally untenable.

I'd be curious what it cost him for his attorney.

I mean just this statement alone reeks of aromatics of pure bullshit all over it...

"District Attorney Anthony Gulluni had said Francisco had been headed to visit a friend, but mistook Lovell’s home for his friend’s residence. Francisco banged on Lovell’s door, breaking a pane of glass "


-Mike
 
There are sometimes you are looking for one juror who has a huge heart and has mercy on you and feels bad for you to hang the whole situation.

There are others where you see that one guy with a level head is your best bet and a bleeding liberal anti-gun nut job juror could totally torpedo your case during deliberations. Keep in mind that humans are pack animals and often they will choose the pack over facts and/or truth.
 
The bench trial turned out to be a good choice. Perhaps his lawyer knew a little bit about the judge’s position on self defense and deadly force.

Glad it worked out.

I think there's also a lot of evidence too that we're not privy to that may have helped out this guys case a lot.

My guess is given Springfield, this DA is a full on moonbat, and for the sake of appearances had to try to prosecute this guy because of the maudlin/scholque public appearances of this kid being cast as "totally innocent" etc.

-Mike
 
Probably a prohibited person now

I think you missed the part where he was acquitted.

Now WRT suitability, thats a different story but the guy can probably at least move away from that
problem. Probably can't afford to after having to pay for all this crap, though. Frankly if I was in
his shoes I wouldn't give a flying f*** about being "unsuitable" in mass. At that point having legally
survived that would be like the legal version of winning powerball, and I'd scrape enough cash to leave this state and never
return, because IMHO in this kind of case he is a marked man, DAs don't like being "made sport of" just ask
that guy Fleury....

-Mike
 
I think there's also a lot of evidence too that we're not privy to that may have helped out this guys case a lot.

My guess is given Springfield, this DA is a full on moonbat, and for the sake of appearances had to try to prosecute this guy because of the maudlin/scholque public appearances of this kid being cast as "totally innocent" etc.

-Mike

I don’t know. I always smash my friend’s windows when I knock on their doors.
 

nice pull..

The pic is marginal quality, so those viewing it should look at how the top part of the door pane is all shattered and f***ed up before jumping to a
conclusion... (at first I didnt see this damage) if you were "knocking" on a door, would you be hitting the top pane of glass? LOL.

The DA was trying to pull a maudlin "oh, this poor family, save the orphans!" cry along prosecution for political gain and got caught doing it,
Of course nobody will be outraged about the fact that the state may have effectively burned up this guys life savings or something.

-Mike
 
While there were some extenuating circumstances here, what this whole thing tells me is that if I'm going to shoot a would be robber, rapist, bad person, etc' coming after me or my family I better know in advance that I'm going to be arrested, charged and sent to court. Basically MA's way of incentivizing the victim mentality
 
While there were some extenuating circumstances here, what this whole thing tells me is that if I'm going to shoot a would be robber, rapist, bad person, etc' coming after me or my family I better know in advance that I'm going to be arrested, charged and sent to court. Basically MA's way of incentivizing the victim mentality

I'd still give it a big maybe, depends on the circumstances and if the scenario would make the DA look really bad or not for
charging you, and also whether the bad guy dies or not. Those two factors get run into an equation and the result
basically determines whether or not you are going to get charged or not. Of course even if they don't charge you they can leave you
on the fence for weeks.... just ask Paul Langone.

Fun example: Years ago the dude at Bobs? Liquors in Worcester was never charged for blowing away an armed robber that pointed a gun at
his brother who worked in the store. IMHO the DA never tried to charge him with anything because basically it would make the
DAs office look like shit and it would also make the police and the whole justice system look like hot garbage- because basically the state would
be prosecuting a citizen that ended an unsolved crime rampage in central MA. (the guy that hit Bobs hit like 4 or 5 liquor/convenience stores
before he got plugged). (there is a possibility that he got charged and got no billed, but I never saw mention of this ever in the papers. )

Also years ago a friend of a city councilor in fitchburg shot some punk kid in the leg that was sacking an apartment, guy tried to
advance at the guy with a knife, so he shot him. No charges ever came out of that either. BG didn't die in that one, though, that
also tends to seem to make a big difference.

On the other hand when that abused doctor lady on the cape gunned down her husband to protect her son, the DA still charged her and
sent it to the GJ... they no billed her, but she also had Kevin Reddington as an attorney, IIRC... that probably cost her a huge chunk of
change.

-Mike
 
cue the appeals in 3....2.....

There is no "appeal" on the side of the state in a criminal case, there's this cute thing in america called the fifth amendment that makes double jeopardy illegal. (Well, at least until the state figures out how to destroy that, which im sure they would love to... much like they've eroded the shit out of the 4th... )

The state cannot attempt to prosecute him for the same crime ever again.

ETA: Family could file a wrongful death suit or something against him in civil court, but I'm going to wager one or both of these things are in play:

-This guy is probably broke (or not far from it) or would go broke by round 2 even if he lost, making him an unappealing target for an ambulance chaser. You can't get
blood from a stone.

-Their case would be so fundamentally shitty that no attorney would take it on without a big fat contingency fee being paid up front. (and even then, I can see some chasers running away from this kind of thing. )

Contrary to popular belief civil suits in the wake of SD shootings actually seem to be
pretty rare. Now if this guy had a net worth high 6 or low 7 figures... well, then suddenly the rules change and the ambulance chasers moisture count starts to spike.... lol

-Mike
 
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If I recall the original story, the kid and his friend were staggering drunk in early afternoon, and were at Lovell's back door. Lovell was asleep, working nights, maybe. His wife was screaming about someone breaking in, he went to the door half asleep, there was some yelling between him and the kid, the glass got broken and he fired.
Waiting for the civil suit to be filed, if it hasn't already.
 
This is great news for the homeowner. For all those people who know the laws a little more thoroughly than myself, does this judgement change the castle doctrine in Massachusetts or the way its looked at?
Chicopee homeowner found not guilty in teen’s shooting death
Jeffrey Lovell found not guilty of manslaughter in fatal shooting of teen mistaken for burglar

EDIT: adding MassLive article link. That article is slightly better...Just dont read the comments or your brain may explode.
No, no change in our not-really "castle doctrine" . . . it needs an appellate court decision to set a legal precedent.
 
Glad he got off, awful circumstances. Hope he gets his LTC reinstated.

I never understood why Francisco's story was considered concrete truth, I never saw their story about going to the wrong house challenged they just took that as fact, seems like a BS story to me. I never saw them mention anything about the other friends testifying.

For those commenting about the door, take a look at the pictures of it.
 
If I recall the original story, the kid and his friend were staggering drunk in early afternoon, and were at Lovell's back door. Lovell was asleep, working nights, maybe. His wife was screaming about someone breaking in, he went to the door half asleep, there was some yelling between him and the kid, the glass got broken and he fired.
Waiting for the civil suit to be filed, if it hasn't already.

Bell and Flannery also suggest what facts should be read to prospective jurors during impalement. That is required in final pretrial hearing reports.

According to the facts in the pretrial report, "at approximately one o'clock in the afternoon, Dylan Waitson-Francisco and his friend went to the defendant's home on Boucher Circle thinking it was their friend Nate's home. They were knocking loudly on the doors and Dylan broke the glass of the side door where he was knocking."

"The defendant, who was woken up by his wife and told that she thought kids were trying to break into their home, shot Dylan through the closed and locked door hitting him once in the chest. Dylan Waitson-Francisco died as a result."


Trial approaching for Jeffrey Lovell, charged in fatal shooting of teen mistaken for burglar
 
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