Fatal Shooting in Worcester by Westborough LTC holder UPDATE: Guilty of Involuntary Manslaughter! 4-7 Year Sentence with 77 Days Credit.

Tartakovsky said:
What legal recourse does he have for the court holding him without bail and without being charged for months?
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Exactly, this case looks more and more political since he seems to be a law-abiding citizen, no priors, legally licensed, etc.
No Bail? WTF?
Unless the DA has more evidence that's he's keeping quiet this case looks like a purely anti-gun/gun owner situation meant to send a message to us.
Am I wrong?
 
Tartakovsky said:
Fine - city of Worcester.
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For what? The judge and city have immunity, you can only sue if what they did was done with malice. That’s not the case here. If he sues, he’ll end up paying for the defendants legal costs.

A civil case is the least of his concerns now, he’s facing decades or life in prison.
 
Spartan65 said:
The process is the punishment. He will be ostracized, bankrupted, slandered and unemployable. Then they will drop the charges because the shooting was justified.

It will be too late his life will be changed forever and the damage done.
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I’m not sure why you think they’ll drop the charges. The ADA is getting paid the prosecute and if he loses at trial, nothing happens to him/her. There is no risk to an AFA pursuing bs charges. Look at the prosecution of Rittenhouse, those guys are still there and nothing happened to them
 
Hoover said:
I’m not sure why you think they’ll drop the charges. The ADA is getting paid the prosecute and if he loses at trial, nothing happens to him/her. There is no risk to an AFA pursuing bs charges. Look at the prosecution of Rittenhouse, those guys are still there and nothing happened to them
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The procedure is generally not to drop the charges but to offer a deal like "Felony plea with little or no jail time or pay your attorney another $100K or so and go to trial and risk decades.".

Near all innocent defendants start out with "I am innocent, I will not cop a plea", and later talk about the plea they took. I am familiar with a 1/6 case where the person was adamant about no plea deal, but when offered a misdemeanor, took it and talked about the great deal counsel obtained.
 
Hoover said:
This case happened 8 years ago. The guy didn’t commit a cr8me since he never had the guns on BU property but they still held him and such.

www.boston25news.com

Man arrested at BU graduation with guns arraigned on $100k bail

A man accused of trying to bring two loaded handguns into the commencement ceremony at Boston University was arraigned Monday.<br/>
www.boston25news.com www.boston25news.com
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Rob Boudrie said:
The procedure is generally not to drop the charges but to offer a deal like "Felony plea with little or no jail time or pay your attorney another $100K or so and go to trial and risk decades.".

Near all innocent defendants start out with "I am innocent, I will not cop a plea", and later talk about the plea they took. I am familiar with a 1/6 case where the person was adamant about no plea deal, but when offered a misdemeanor, took it and talked about the great deal counsel obtained.
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1/6 is a bit outside the box. Hell, they could pick any one of us and point to some blurry face in a picture and completely wreck our lives if we couldn't prove where we were that day. I remember reading about the guy who lost his job just because he was swatted even though he wasn't there. Not arrested or charged, but once his employer saw his face on the news tied to that shit on the evening news it was game over.

I will never take a felony plea. It'll end my life as I know it. It would cost me a divorce which would lead to child support that I could not pay. Judges have no leniency for "I can't get a job cuz felon". They'll base support on last year's W2 and say go figure it out or get cozy with bubba. Good luck paying $15k/year when you can only get a job that pays $40k and COL around here is more than both of those numbers added together. Well I don't get cozy with bubba... bubba gets free face decorations when he goes for my butt. Bubba's friend's won't appreciate that, so I get to bleed out behind a garbage can in some dark corner of hell. Option B is bleed out the roughly 20% of the estate that I just might get to walk away with over the next 5 years while my standard of living drops to that of Zimbabwe. No thanks, I'd rather be dead.
 
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Rob Boudrie said:
The procedure is generally not to drop the charges but to offer a deal like "Felony plea with little or no jail time or pay your attorney another $100K or so and go to trial and risk decades.".

Near all innocent defendants start out with "I am innocent, I will not cop a plea", and later talk about the plea they took. I am familiar with a 1/6 case where the person was adamant about no plea deal, but when offered a misdemeanor, took it and talked about the great deal counsel obtained.
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Yup. It's easy in the begining to say "no plea deal" but when you don't have the money and your lawyer says take the deal, it will mean nothing (not true) and all you will pay is the 3.5k you're already in for. Or go to trial AFTER coming up with an additional 10k retainer, that you don'tr have. Well, that plea starts to look like a "great deal".

This is a major problem with our justice system, money plays a big role. If the state paid when they failed to get a conviction (maybe with a cap on the amount), things would be very different.
 
Rob Boudrie said:
The procedure is generally not to drop the charges but to offer a deal like "Felony plea with little or no jail time or pay your attorney another $100K or so and go to trial and risk decades.".

Near all innocent defendants start out with "I am innocent, I will not cop a plea", and later talk about the plea they took. I am familiar with a 1/6 case where the person was adamant about no plea deal, but when offered a misdemeanor, took it and talked about the great deal counsel obtained.
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Every court appearance is expensive, the dozens of pre trial conferences etc will cost a lot. And all during it, you’re being bled dry financially, the prosecution has no risk of jail and is being paid to be there. You appear in court and the prosecution says oh I haven’t had a chance to do that yet, can we delay this until next month. That puke ADA just cost you more money because they were too incompetent or lazy to do their job.

One thing that’s amazing with Massachusetts, it doesn’t have an expungement process. As lenient as the state is viewed on crime, unlike NH, there isn’t an expungement process.
 
I've always felt that the "justice system" is probably the biggest money maker in this country, and lawyers belong to the strongest "union". The judges were all lawyers at one time, so they're going to make sure the lawyers on both sides of a case get their piece of the damn pie! I was in court once with my lawyer. He kept saying "I'll be back, I have to go talk to another client" I finally told him that each time he goes to talk to another client, he's off my clock and on theirs!
 
kerryman71 said:
I've always felt that the "justice system" is probably the biggest money maker in this country, and lawyers belong to the strongest "union". The judges were all lawyers at one time, so they're going to make sure the lawyers on both sides of a case get their piece of the damn pie! I was in court once with my lawyer. He kept saying "I'll be back, I have to go talk to another client" I finally told him that each time he goes to talk to another client, he's off my clock and on theirs!
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There is an old joke: A lawyer dies at just 45, he's a the pearly gates and in true lawyerly fashion tries to argue that he shouldn't have died. He was in good health, lead a good life, and was only 45. St Peter looks in his book "Hmmmm that's right, and you're just 45" he continues looking for a moment "Ah I see it now, according to your billable hours you're 102."
 
Update: 2/14 - Indicted in Worcester Superior court on Manslaughter.
1676658671638.png
Arraignment scheduled for February 22. Punishable by up to 20 years.

Edit: Odd charge given the facts. Seems almost teed up for an acquittal. Almost like the lesser included charges against Rittenhouse. How could it be reckless or unintentional if this was an intentional act of self defense?
 
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Tartakovsky said:
I hope this guy sues the city of Worcester and Judge Pellegrini right out of his f***in shoes
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The judge or any other bad actors will just pull the QI card and walk, and make the taxpayers eat shit over it. How convenient.
42! said:
Yup. It's easy in the begining to say "no plea deal" but when you don't have the money and your lawyer says take the deal, it will mean nothing (not true) and all you will pay is the 3.5k you're already in for. Or go to trial AFTER coming up with an additional 10k retainer, that you don'tr have. Well, that plea starts to look like a "great deal".

This is a major problem with our justice system, money plays a big role. If the state paid when they failed to get a conviction (maybe with a cap on the amount), things would be very different.
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No cap on damages.

No qualified immunity either. Pull a Nifong, go directly to jail. That motherf***** should have been sentenced to death quite frankly.

The system has little or no incentive to actually do the right thing.... the only reason good outcomes happen is because occasionally there will be a person in power (judge, DA, etc) that isn't a total dick/moron.
 
drgrant said:
The judge or any other bad actors will just pull the QI card and walk, and make the taxpayers eat shit over it. How convenient.
No cap on damages.

No qualified immunity either. Pull a Nifong, go directly to jail. That motherf***** should have been sentenced to death quite frankly.

The system has little or no incentive to actually do the right thing.... the only reason good outcomes happen is because occasionally there will be a person in power (judge, DA, etc) that isn't a total dick/moron.
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You'll love this then:

Good luck getting rid of a gun charge that carries a mandatory minimum committed sentence now. We can thank the clown from Michigan for effing that up.
 
eboos said:
Good luck getting rid of a gun charge that carries a mandatory minimum committed sentence now. We can thank the clown from Michigan for effing that up.
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Was that guy previously convicted of some gun crime then bought a gun later or something? I havent paid too much attention to the noise on that incident lately.
 
drgrant said:
Was that guy previously convicted of some gun crime then bought a gun later or something? I havent paid too much attention to the noise on that incident lately.
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He had a carrying a concealed weapon without a license charge - felony punishable by up to 5 years - that was reduced to a misdemeanor and he got 18 months probation. MI law allows persons convicted of a felony to be able to purchase a firearm a period of time after the case and punishment is concluded (or so I hear, haven't looked it up).

Michigan law regarding felons and possession of firearms
 
eboos said:
He had a carrying a concealed weapon without a license charge - felony punishable by up to 5 years - that was reduced to a misdemeanor and he got 18 months probation. MI law allows persons convicted of a felony to be able to purchase a firearm a period of time after the case and punishment is concluded (or so I hear, haven't looked it up).

Michigan law regarding felons and possession of firearms
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Is this thread getting mixed up ?
The thread is about a MA legal LTC owner involved in a shooting
Peckham is licensed to carry a firearm, court records show.
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CATI said:
Is this thread getting mixed up ?
The thread is about a MA legal LTC owner involved in a shooting
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giphy.gif
 
CATI said:
Is this thread getting mixed up ?
The thread is about a MA legal LTC owner involved in a shooting
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Apologies for the Drift But @eboos and I basically drifted into the topic of Downstream punishment for "gun crimes" etc. EG- what he is saying is that basically when people do bad things the system will end up using it as a sledgehammer against people who probably don't deserve it down the road...... and it's pretty obvious that the guy that is the accused in this incident is getting a massive railroad job of some sort because the prosecution is incompetent....
 
CATI said:
Is this thread getting mixed up ?
The thread is about a MA legal LTC owner involved in a shooting
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Like the good doctor said: this was more of a side discussion on prosecutorial discretion or the seeming lack thereof. Also the gun charges I was referring to are not an issue in this case (Peckham), this reflects what I see on a near daily basis. I actually deal with some very reasonable people, both judges and ADAs, but some decisions, like the disposition on firearms charges, get sent higher up for approval. That is pretty much a full stop at this point.
 

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