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

[CATI]

Anyone know what kind of car he was in?
Some stories say broken window, some say cracked.
Broken window completely (tempered) vs a cracked laminated window would probably deserve a different response

 

[PATRON]

At face value when there is a conflict and personal property property is damaged it begs the question why the Kimber had to come out and play.

In Florida that Kimber would give the other guy a dirt nap,and Peckham would be home in time for lunch, and safelite

 

[AmeriKHAN]

Lol if we knew that we wouldn't be here in this thread.

It's obvious the state is turtling on this one. Either because the truth doesn't get them the outcome they want, or they're out to try to figure out how to screw this guy.

Sad. I went to HS with Sam. He was in the grade below me.

 

[eboos]

Two drivers behind the incident testified. Both were skewed towards the Commonwealth, but both had info that was not previously stated in grand jury testimony or police statements. People are scared sheep. They can witness a thing, but have their view clouded by their disbelief that the dead man posed enough of a threat.

 

[EJFudd]

Two drivers behind the incident testified. Both were skewed towards the Commonwealth, but both had info that was not previously stated in grand jury testimony or police statements. People are scared sheep. They can witness a thing, but have their view clouded by their disbelief that the dead man posed enough of a threat.

Thanks for the report. Wanted to be there myself, but no-go. Maybe tomorrow if it is still going on.

 

[blindndead]

What do you mean waiting for all the facts! Where's Turtleboy when you need him?

 

[eboos]

A juror was just excused. Apparently he knew someone involved in the case.

 

[eboos]

I had to leave at the lunch break. 3 officers testified. One issue that is coming up is if the Defendant could have escaped by making a right turn down a side street as opposed to firing at the decedent. One of the officers was testifying that he didn't observe several things about the scene where he was the first to respond because he was focused, essentially, on the Defendant and the decedent. That same target fixation could cause a person who is alarmed by a threat on his left side to not notice a potential avenue of escape on his right side.

So far, all of the evidence that I have seen would convince me that the Defendant is not guilty.

 

[Fixxah]

I have two (different brands for redundancy)
Two front facing. One has rear. Both have GPS antennas
The mirror is a video/camera but it’s a factory thing and is not recording. (Do not buy the cheap dash cameras built into the mirror).
View attachment 864028

I have a FitcamX in my car with rear cam. Truck has VanTru but I haven't installed the rear cam yet. The FitcamX replaces the mouldimg with the rain sensor etc and is wifi capable. Takes great video and like just about every dash cam, it loops the sd card unless you choose not to.

 

[HorizontalHunter]

I have a FitcamX in my car with rear cam. Truck has VanTru but I haven't installed the rear cam yet. The FitcamX replaces the mouldimg with the rain sensor etc and is wifi capable. Takes great video and like just about every dash cam, it loops the sd card unless you choose not to.

Make sure that you use good cards and check them regularly. They are in a tough environment and they go bad.

 

[42!]

Make sure that you use good cards and check them regularly. They are in a tough environment and they go bad.

Writing to an SD is a destructive process, when a block is saved it is burned into the memory. When that block changes it is re burned. This means, no matter how "good" the card it still has a fixed lifetime.

 

[eboos]

Medical examiner just testified. Fentanyl intoxication at the time of death.

 

[eboos]

Another juror was dismissed. Down to 12. No more alternates. Don’t know the reason for the dismissal. Obviously they need 12 to render a verdict. If they lose one more it is a mistrial.

 

[eboos]

The state’s case is nearly over. I don’t know how many witnesses the defense will call. I will be leaving by 12 since I still have to do things I get paid to do.

 

[EJFudd]

Medical examiner just testified. Fentanyl intoxication at the time of death.

I'm shocked... SHOCKED.

 

[eboos]

I'm shocked... SHOCKED.

Yeah, I was expecting this as soon as I saw the motion for review.

 

[eboos]

Motion for required finding is denied. This is the overwhelmingly expected outcome. That just means that the state’s case is not deficient as a matter of law. Defense will start calling witnesses momentarily.

 

[eboos]

Never mind. Defense rests.

 

[eboos]

Wish I could stay for arguments

 

[eboos]

2pm if anyone is interested. Jury deliberations start tomorrow.

 

[eboos]

Anyone know what kind of car he was in?
Some stories say broken window, some say cracked.
Broken window completely (tempered) vs a cracked laminated window would probably deserve a different response

Dodge Charger or Challenger. Laminated glass. The photo shown had the driver's window half way down. Not sure if someone rolled it down after the fact (defense questions suggested that).

 

[eboos]

I didn't hear all of the evidence presented in this case. I wasn't there yesterday afternoon, or first thing this morning. However, I am surprised that the defense didn't call some use of force expert. It may not have been necessary depending on prior testimony.

 

[Palladin]

I didn't hear all of the evidence presented in this case. I wasn't there yesterday afternoon, or first thing this morning. However, I am surprised that the defense didn't call some use of force expert. It may not have been necessary depending on prior testimony.

do you know who the defense's attorney is?

 

[eboos]

do you know who the defense's attorney is?

Yes. Mike Hussey and Adrien Angus. Both are very good.

 

[DJBrad]

Yes. Mike Hussey and Adrien Angus. Both are very good.

And hopefully proficient in self defensive law.

 

[Palladin]

And hopefully proficient in self defensive law.

that is the $66 question

 

[eboos]

Again, I didn't see all of the testimony so this issue may have been covered, but here is why I think a defense expert was necessary:

Everyone is an armchair quarterback. Everyone will "shoulda-woulda-coulda" a situation from behind their computer screens. Nobody had felt what the defendant had felt at the moment. Evidence was presented that a man high on fentanyl had gotten out of his car in the middle of the street to confront the driver of the car behind him, and strike the driver's side door window breaking the glass. People on this forum would be of the mind that this is justified as self defense. The general public I am not so confident in. Do they appreciate the threat? Do they understand things like target fixation or tunnel vision? Do they understand that the defendant had only a moment to act based only on information known to him at that very moment?

Is it sad that a man died? Sure it is. Is it sad that the wife and kid were there? Sure it is. Because it is sad, does that make the defendant's act criminal? No it does not!. How will the juror's judge it? I would hate to find out first hand.

 

[CATI]

Dodge Charger or Challenger. Laminated glass. The photo shown had the driver's window half way down. Not sure if someone rolled it down after the fact (defense questions suggested that).

Yeah. I have a vehicle that has glass like that.
It is probably at least double a “normal” side window.
Someone is not punching through it and grabbing into the vehicle quickly. They could crack it.

(I am not saying this guy should get convicted, if you do not want to get shot, stay in your vehicle)

 

[EJFudd]

Is it sad that a man died? Sure it is. Is it sad that the wife and kid were there? Sure it is. Because it is sad, does that make the defendant's act criminal? No it does not!. How will the juror's judge it? I would hate to find out first hand.

I'll be honest: My sympathy has been with the defendant based on what we knew about both parties almost right from the start. The shooter was an LTC holder (meaning no criminal history) while the "victim" was a druggie dude with two FacePlant pages that make him out to be totally ghetto gangsta (or at least ghetto gangsta wannabe). But I guess I hadn't paid enough attention to the part about the defendant chasing the victim down the street after the initiating traffic incident... and now I am no longer so sure that the defendant was in the right. Could be a tough decision ahead for the jury.

 

[eboos]

the part about the defendant chasing the victim down the street after the initiating traffic incident

That wasn't in evidence. One of the drivers made some claims about the Defendant driving aggressively, but there was no claim at all about him chasing anyone.