Chicopee shooting victim was a 15-year-old, alleged 'intruder'; homeowner arrested

[Reptile]

CHICOPEE — The victim of a Saturday afternoon shooting at Boucher Circle was a 15-year-old, alleged "intruder," who was shot by a homeowner, according to Officer Michael Wilk of the Chicopee Police Department.

Chicopee police responded to reports of a possible breaking and entering at roughly 12:50 p.m., according to Wilk.

Within a short period of time, the homeowner called police to tell them that he had shot the alleged intruder through a door pane in his kitchen, according to Wilk.

When police arrived at the scene, they discovered a 15-year-old male victim who had suffered a gunshot wound to the abdomen.

Wilk says that when the male was taken to Baystate Medical Center he was "in serious condition."

Wilk gave no update on the condition of the victim, who was last said to be in "critical condition" during an earlier update.

Wilk also confirmed that the homeowner is currently being charged with assault and battery with a dangerous weapon, and with serious injury.

Detectives are still investigating the incident.

http://www.masslive.com/news/index.ssf/2016/07/chicopee_shooting_victim_was_a.html#incart_2box

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Did the kitchen screen door directly lead outside the house?

Is so, the home owner is in for some trouble.

The dad was protecting his home and his young daughters when this intruder breaks in to do who knows what.

The dad gets arrested of course - Massachusetts.

He should have read this...

http://lawofselfdefense.com

http://lawofselfdefense.com/book/

 

[CTpatriot]

did the child have skittles and tea on him at the time? will his resume be newsworthy?

 

[Reptile]

did the child have skittles and tea on him at the time? will his resume be newsworthy?

I don't know what happened. He was just getting his life together.

Maybe he is this kid:

http://www.masslive.com/news/boston/index.ssf/2016/07/15-year-old_wanted_in_fall_riv.html

 

[CTpatriot]

Hope it's him for the homeowners sake. That would be great.

 

[ivarr]

could have been oscama's son

 

[not new guy]

Guy forgot the last two Ss.

 

[wmass]

My understanding is there's been a rash of break ins in that area and people are on edge.

 

[Scott7980]

I'm sure it's someone's fault

 

[kalash]

Well, Joe did tell us to shoot through the door...

 

[mac1911]

See we citizens don't get to feel or think we are threatened especially here in Massachusetts.
We are asked to flee our own homes.

Any how let's see how this plays out..... I see a "stash of weapons removed" report coming out soon.

 

[Mountain]

Even in free states with castle doctrine, outside house = bad shoot, inside house = good shoot.

 

[ISOTOX]

Whos lives mattered? Evidently not the home owner or his family!

 

[Lignum Vitea]

Homeowner not arrested but will be summonsed to court on the charges.

 

[Kahrmine]

Someone needs to sue the state of Massachusetts for the right to self defense within their own home. That's pathetic.

- - - Updated - - -

Even in free states with castle doctrine, outside house = bad shoot, inside house = good shoot.

Some states allow you to shoot through a window or door if they've been breached in any way. In other words, say an intrude breaks a window to a doorway in order to reach in and unlock the door, a homeowner has the right to shoot at that point.

 

[MAGA99]

Homeowners mistake was calling the cops. Should have called taylor rental to come drop off a miniX.

 

[Goliathan]

If the kid was outside the house this homeowner is goin' to the pokey.

 

[cbrxx]

I'm sure it's someone's fault

But never the perps

 

[Finalygotabeltfed]

Even in free states with castle doctrine, outside house = bad shoot, inside house = good shoot.

Some places yes, others no. Kentucky law here:

503.055 Use of defensive force regarding dwelling, residence, or occupied vehicle -- Exceptions.
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(2) The presumption set forth in subsection (1) of this section does not apply if:
(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;
(b) The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used;
(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(d) The person against whom the defensive force is used is a peace officer, as defined in KRS 446.010, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties, and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a peace officer.
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force.
(4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
Effective: July 12, 2006
History: Created 2006 Ky. Acts ch. 192, sec. 2, effective July 12, 2006.
******************************************************************************************

Kentucky law favors the victim, not the criminal.

 

[enbloc]

Always drag the deceased's body indoors; destroy drag marks; then call 911

 

[Waher]

If a home is completely walled or fenced in with a locking gate does that count as breaking and entering? Or is MA law specific to a "dwelling"?

 

[enbloc]

.

 

[GlockJock]

Was driving interstate a few years ago.... Radio talk show about guns etc keeping me company as I drove.. Caller from South Carolina or West Virginia, somewhere basically in Mayberry RFD, I forget exactly where he said...
Anyways, talking about homes, neighborhoods etc, living out in the boonies...Mentioned how he (and most of his friends) kept a couple of "body bags" in their basement /garage /etc...And a shovel next to them...Just in case...Some of these hicks have pre-dug holes in their "back yards" (heavily wooded "back yards" that are about as big - or bigger - as the property that Gillette Stadium and Patriot Place sit on).

"911 much?"
"Not really".

Just sayin' [emoji6]

 

[Finalygotabeltfed]

Always drag the deceased's body indoors; destroy drag marks; then call 911

Probably the quickest route to a prison cell on 2nd degree murder charges^^^^^^^^^^^.

 

[Asaltweapon]

The shooter is surely going to get heavily screwed for his actions.

 

[rivet_42]

If a home is completely walled or fenced in with a locking gate does that count as breaking and entering? Or is MA law specific to a "dwelling"?

I am, of course, not a lawyer and this is not legal advice.

MA castle doctrine, taken from GOAL's website because I'm lazy: "Massachusetts General Law, Chapter 278, Section 8(a): 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."

Note "dwelling" and not "curtilage". States with laws that contemplate allowing defense of a walled or fenced-in area immediately surrounding the home typically call out "curtilage" in their castle law as being defensible. "Curtilage", for those who haven't heard the term, is the area of land immediately surrounding your home, and any associated buildings, provided that that land and those buildings are for the exclusive use of the occupants of their home and their guests, but not including any "open fields" or associated buildings.

Where exactly curtilage ends and open fields begin is a matter of legal debate. This commonly comes up in Fourth Amendment cases when it's a matter for debate whether police had the right to search or enter a given location on someone's property. In England, under common law, curtilage was commonly taken to mean your fenced-in garden or yard, but, most American homes do not have a fenced yard, which can make the argument about whether a specific spot on someone's property is part of the curtilage or not kind of fuzzy.

 

[Manipulatory]

Per CPD facebook page.

On July 16 at 12:56pm, Officers were sent to 120 Boucher Circle, for a report of a Breaking and Entering in Progress. Upon arrival, our officers found a juvenile male, shot in the abdomen area. This victim was outside the residence. Our officers began emergency medical care, and he was immediately transported to Baystate Medical Center. Our detectives, working with the Massachusetts State Police CPAC unit assigned to the Hampden County DA's Office, investigated this case. It was determined that 3 parties went to the residence believing it to be a friend. One party, the victim, was banging on the outside door, when the homeowner shot through the door, striking the male. That 15yr old male did pass away last evening at Baystate Medical Center, and we offer our condolences and sympathies to the family. As a result, the homeowner has been arrested and charged. Details are as follows:JEFFERY LOVELL 42yoa
120 Boucher Cir
Chicopee, MA 01020
-Murder Ch 265 s1
He is being held without bail at our lockup, and will be arraigned tomorrow.
At this time, there will be no other information released, and any additional inquiries can be requested through the Hampden County District Attorney.
Submitted by:
Ofc Michael Wilk, Public Information Officer
Chicopee Police Department
[email protected]

 

[sig shooter]

Always drag the deceased's body indoors; destroy drag marks; then call 911

Horrible idea, detectives would figure it out in an instant. The biggest mistake this guy made was using deadly force before the perp had entered his dwelling.

Sent from my 5054N using Tapatalk

 

[bostonasphalt2]

Per CPD facebook page.

yeah, the mistake was shooting through the door, but at the same time, a part of me can't blame him, either. Everyone has a different tolerance level for what might be a threat, but to me, and I think a reasonable person, that the guy is most likely getting convicted of murder (if he doesn't plead to something else).

 

[Hoon]

One party, the victim, was banging on the outside door, when the homeowner shot through the door, striking the male.

Oh yeah, this guy is screwed.

This sounds like it would have quickly become forced entry...too bad the homeowner didn't wait for that to happen.

 

[DrBurnsides]

I though the self defense strategy thing was to set a "mental threshold/trigger point" as well as yell.. "Police are on their way, If you come through that door I will shoot you!" and If they step over the threshold, do just that. They are not a threat until they are IN your house... Unless they have molotov cocktails or something. I have no idea about the legal fur flying frenzy that that would entail.