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

[pastera]

Can we effin stop with the brainless shoot a kid bullshit....if that's all you got save it please.

Who is the victim?

Are you asking who is the victim of the simple assault or the victim of the follow on aggravated assault?
There were two different assaults committed so we need to know which one you are referring to in order to answer.

 

[HARRYM]

Are you asking who is the victim of the simple assault or the victim of the follow on aggravated assault?
There were two different assaults committed so we need to know which one you are referring to in order to answer.

NH

 

[Lucus]

There are a lot of trigger happy people out there. An old guy in a wheel chair waving a knife,come on my grandmother could have defused that situation... !!

View: https://www.youtube.com/watch?v=ppMQ2Jvekfg

 

[pastera]

NH

That's what I'm talking about - there were two separate assaults from two separate perpetrators.
First was simple assault
Second was aggravated assault

So which victim are you talking about?

Trial begins for man charged with shooting man to death outside Manchester bar

The trial began Tuesday for a man charged in the shooting death of another man outside a Manchester bar earlier this year.

www.wmur.com

Per the article DeLees actions leading up to the initial altercation are not in contention by either side

 

[HARRYM]

That's what I'm talking about - there were two separate assaults from two separate perpetrators.
First was simple assault
Second was aggravated assault

So which victim are you talking about?

Trial begins for man charged with shooting man to death outside Manchester bar

The trial began Tuesday for a man charged in the shooting death of another man outside a Manchester bar earlier this year.

www.wmur.com

Per the article DeLees actions leading up to the initial altercation are not in contention by either side

NH

 

[Springfield_trapdoor]

There are a lot of trigger happy people out there. A old guy in a wheel chair waving a knife,come on my grandmother could have defused that situation... !!

View: https://www.youtube.com/watch?v=ppMQ2Jvekfg

Not even the same. I'm done with the nonsense.

It's the exact same situation the guy got road rage got out of his car and started punching my window. And in the Worcester case like mine the window never even broke.

Trigger happy people need to get educated or stay home in their basement.

 

[HARRYM]

I looked back and indeed I was the one who threw the banana peel in this thread. I made the comment initially that also the NH bar shooting case came down as guilty. And indeed it spiraled the thread off in another direction.

 

[Springfield_trapdoor]

I looked back and indeed I was the one who threw the banana peel in this thread. I made the comment initially that also the NH bar shooting case came down as guilty. And indeed it spiraled the thread off in another direction.

Yeah you had me very confused because the thread was about the guy in Worcester who got his window punched and then he decided to shoot the guy...

 

[HARRYM]

It's the exact same situation the guy got road rage got out of his car and started punching my window. And in the Worcester case like mine the window never even broke.

Trigger happy people need to get educated or stay home in their basement.

Yeah you had me very confused because the thread was about the guy in Worcester who got his window punched and then he decided to shoot the guy...

100% my fault.

 

[M1911]

Sorry I ain't playing the Goldilocks and the 3 bears whether the porridge of defensive force was too cold, too hot or just right. He was a VICTIM of assault and battery and defended himself from it going any further.

And now he is in jail because the jury properly applied the law as it is, not how you want the law to be.

 

[eboos]

Sorry I ain't playing the Goldilocks and the 3 bears whether the porridge of defensive force was too cold, too hot or just right. He was a VICTIM of assault and battery and defended himself from it going any further.

 

[Springfield_trapdoor]

 

[MisterHappy]

Every been outside of a nightclub and get attacked. See I have, very dangerous and legit scary. I have a simple rule, don't put your hands on me, period. Not sure what I would have done because it wasn't me. The shooter felt threatened because he was assaulted and he made a life changing decision certainly. The jury made a decision and I believe a wrong one. We have watched over the last few years many who now feel its OK to assault people and its become almost routine now.

I've seen the slogan, "Better to be judged by 12, than carried by 6," around here.

Great.

The saying is not, "Better to be acquitted by 12...."

That bears remembering. Not saying whether it's lawful, moral, or whatever. Just the reality. The jurors know that a 9mm will blow your lungs out, and that gunz are bad, because it was on the TV.

 

[Darksideblues42]

You don’t have to look the other way. But if your response to a punch from a person of similar size is to draw your gun and shoot them, then you will probably wind up in jail for a long time.

The law is what it is, not what you want it to be. You can repeat yourself as many times as you want, but that won’t change the law to what you want it to be.

Realistically, if I punch someone with my right hand, there is a better than average chance that I will do irreparable harm to them.

My middle finger knuckle is a bony mass of scar tissue just about 2x more dense than is normal and I have peaked at 1127 PSI on a force gauge giving it my all.

Even size isn't a good indicator of force. I learned how to use my not inconsiderable mass to punch.

Threatening force that someone could see as "basic" could be absolutely lethal depending on the individual

 

[Rat187]

I think I’m losing my mind….

 

[42!]

I think I’m losing my mind….

logically thinking, if you can think that you are losing your mind then you can't be. it's only when you don't think this that you may be.

 

[Coyote33]

Drove by this gas station the other day. Now I am wondering if this is done, or what? Is there any final outcome? Was there some sort of hidden agenda or other motive for this whole thing? Is the guy in jail, or out on what would be "personal recognizance" or "administrative leave" or what have you?

 

[eboos]

Update: Trial is rescheduled for March 21. "Victim's" toxicology is a point of interest. The Commonwealth is looking for time to do their analysis and consult with an expert.

A Defense motion was recently filed to do their independent review of the toxicology. Nothing changed regarding trial date so far, but I wouldn't be surprised if it gets rescheduled again.

 

[HARRYM]

A Defense motion was recently filed to do their independent review of the toxicology. Nothing changed regarding trial date so far, but I wouldn't be surprised if it gets rescheduled again.

Hmmmm...Is the victims toxicology admissible?

 

[eboos]

Hmmmm...Is the victims toxicology admissible?

Freggin A yeah it is!!!! It is relevant and it may speak to that party's aggression or impaired judgement. In some instances, it may speak to their delayed response to pain (punching out windows).

 

[drgrant]

A Defense motion was recently filed to do their independent review of the toxicology. Nothing changed regarding trial date so far, but I wouldn't be surprised if it gets rescheduled again.

Is it just me or does there seem to be a tradition in the mass judicial system to basically wear out a defendant until they suck for some kind of a deal? A guy I know was wrongly accused of road rage / "assault" or some bs because some kind with a baby stroller claimed that he slapped her hand or something through his car window or some garbage like that but that actually never happened. All they did was yell at each other and the thing went to court for like a f***ing year and change and then eventually the guy agreed to take like anger management or some bullshit like that but in reality he should have just been acquitted on the spot because nobody touched anybody and people just yelled at each other through a car window. But they kept continuing the case on and on and on and he had to go to court like f***ing 8 times. It's like they try to drag everything out to induce a deal.

I also had a friend whose father killed somebody by accident with a company vehicle. He was dealing with the civil suit long after his father had actually died that's how long it took to process the whole thing I think it dragged on for almost a decade. (I shit you not).

 

[GL2020]

Is it just me or does there seem to be a tradition in the mass judicial system to basically wear out a defendant until they suck for some kind of a deal? A guy I know was wrongly accused of road rage / "assault" or some bs because some kind with a baby stroller claimed that he slapped her hand or something through his car window or some garbage like that but that actually never happened. All they did was yell at each other and the thing went to court for like a f***ing year and change and then eventually the guy agreed to take like anger management or some bullshit like that but in reality he should have just been acquitted on the spot because nobody touched anybody and people just yelled at each other through a car window. But they kept continuing the case on and on and on and he had to go to court like f***ing 8 times. It's like they try to drag everything out to induce a deal.

I also had a friend whose father killed somebody by accident with a company vehicle. He was dealing with the civil suit long after his father had actually died that's how long it took to process the whole thing I think it dragged on for almost a decade. (I shit you not).

That the legal system in general. Criminal and Civil. Divorce lawyers find reasons to delay to make the person with more money agreeable just to bring things to an end.

If you’re paying a lawyer it’s costing you thousands a day for them to appear and much of it is spent waiting around.

Delays make witnesses become forgetful, bruises go away.

Both sides do it for different reasons.

There were times I went to court and continuance could have been avoided if I could have just had access to a computer for 10 Minutes to get info. They’ll find the stupidest of reasons to stall. Gotta wear the opposition down mentally and financially.

 

[Tweed]

IS Peckman still being held?

 

[eboos]

Is it just me or does there seem to be a tradition in the mass judicial system to basically wear out a defendant until they suck for some kind of a deal? A guy I know was wrongly accused of road rage / "assault" or some bs because some kind with a baby stroller claimed that he slapped her hand or something through his car window or some garbage like that but that actually never happened. All they did was yell at each other and the thing went to court for like a f***ing year and change and then eventually the guy agreed to take like anger management or some bullshit like that but in reality he should have just been acquitted on the spot because nobody touched anybody and people just yelled at each other through a car window. But they kept continuing the case on and on and on and he had to go to court like f***ing 8 times. It's like they try to drag everything out to induce a deal.

I also had a friend whose father killed somebody by accident with a company vehicle. He was dealing with the civil suit long after his father had actually died that's how long it took to process the whole thing I think it dragged on for almost a decade. (I shit you not).

Lots of things cannot be resolved short of trial. If there isn't a question of law, then there is only a question of fact. If the accusation made - if the facts alleged in the complaint, if proven true, are sufficient to support a guilty finding then the case cannot be dismissed on that basis (referred to as a 3G motion). If there is no basis for suppressing any evidence, that evidence would be allowed provided that it is relevant and its probative value exceeds its prejudicial value. So that brings us to a trial. The evidence is nothing more than the accusation from the alleged victim. There are no witnesses or any independent evidence (photographs, video recordings, marks, etc.). The complaining witness gives their testimony, the defense attorney cross examines. The finder of fact, whether it be a judge or a jury, will then weigh the evidence, and the credibility of the witness and apply the law as instructed. Without a sufficient basis to dismiss a case, we are stuck waiting to go to trial on what is typically nonsense.

 

[eboos]

IS Peckman still being held?

No. Bailed about a year ago. On GPS monitoring.

 

[HARRYM]

Freggin A yeah it is!!!! It is relevant and it may speak to that party's aggression or impaired judgement. In some instances, it may speak to their delayed response to pain (punching out windows).

I wasn't sure if they could use it, kinda like you can refuse a breathalyzer test. Would they need a court warrant to take the victims blood for evidence?

 

[HARRYM]

Is it just me or does there seem to be a tradition in the mass judicial system to basically wear out a defendant until they suck for some kind of a deal? A guy I know was wrongly accused of road rage / "assault" or some bs because some kind with a baby stroller claimed that he slapped her hand or something through his car window or some garbage like that but that actually never happened. All they did was yell at each other and the thing went to court for like a f***ing year and change and then eventually the guy agreed to take like anger management or some bullshit like that but in reality he should have just been acquitted on the spot because nobody touched anybody and people just yelled at each other through a car window. But they kept continuing the case on and on and on and he had to go to court like f***ing 8 times. It's like they try to drag everything out to induce a deal.

I also had a friend whose father killed somebody by accident with a company vehicle. He was dealing with the civil suit long after his father had actually died that's how long it took to process the whole thing I think it dragged on for almost a decade. (I shit you not).

Let's ask Turtleboy....

 

[HARRYM]

Lots of things cannot be resolved short of trial. If there isn't a question of law, then there is only a question of fact. If the accusation made - if the facts alleged in the complaint, if proven true, are sufficient to support a guilty finding then the case cannot be dismissed on that basis (referred to as a 3G motion). If there is no basis for suppressing any evidence, that evidence would be allowed provided that it is relevant and its probative value exceeds its prejudicial value. So that brings us to a trial. The evidence is nothing more than the accusation from the alleged victim. There are no witnesses or any independent evidence (photographs, video recordings, marks, etc.). The complaining witness gives their testimony, the defense attorney cross examines. The finder of fact, whether it be a judge or a jury, will then weigh the evidence, and the credibility of the witness and apply the law as instructed. Without a sufficient basis to dismiss a case, we are stuck waiting to go to trial on what is typically nonsense.

Is the deceased criminal history, if there is one, known?

 

[eboos]

I wasn't sure if they could use it, kinda like you can refuse a breathalyzer test. Would they need a court warrant to take the victims blood for evidence?

This is Smith's toxicology, not Peckham's. If they needed Peckham's they would have needed a warrant.

 

[eboos]

Is the deceased criminal history, if there is one, known?

Known by someone I am sure, but not by me. I have a very limited capability of looking this stuff up if I do not know where to look. If it is out of state, then I have nearly zero ability to find it.