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Assuming he shot while the guy was still raging and not retreating, it's hard to find an excuse to convict him in that situation. The prosecution must have argued that he had the opportunity to drive away. I do wonder if an expert could have helped. My armchair psychology conjecture is that operating heavy machinery is not an instinctive reaction in a fight-or-flight scenario. You move very slowly at first and are forced to divert all of your limbs and attention away from the threat while you're doing it. If you have no means of fight or flight other than driving away, then I assume you'll get there by process of elimination, but it might not be easy to skip over the possibility of armed defense.
The fact is he followed Smith. They were initially travelling in opposite directions. Peckham followed him and tailgated him. The window was not shattered and Peckham was not physically accosted before firing the fatal shot. Prosecution had him dead to rights. This wouldn't even fly in a stand your ground state.
Well......if getting hit with a bag of popcorn is justification for shooting someone a smashed window should also qualify......
The fact that he followed him. That sunk him....
The window was not shattered. Drive away. Rage and pride got in the away, now his family is f***ed.
They say the window was broken.
Where did you hear this?
In Mass, you need to drive away.
Of course,I would have driven away
www.masslive.com
![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
www.masslive.com
Smith is heading southbound on Lancaster Street, a one way road. Peckham is heading westbound on Highland Street (Rt 9). Smith takes a right turn on Highland Street, heading westbound, directly in front of Peckham. They travel a distance of less than a quarter mile and Smith comes to a stop in the area of Boynton Street. The next traffic light westbound would have been West Street, about another tenth of a mile down the road.Man told police he shot Worcester father in road rage incident, prosecutor says
After shooting a man, the defendant began to administer CPR until a Worcester police officer arrived and took over, a prosecutor said Wednesday.
A road rage incident played out when Smith, who was at a light at the intersection of Lancaster and Highland streets, took a right onto Highland Street before allowing Peckham to go through the intersection when the light turned green, according to Casella.
“The defendant became angered by this and began to blow his horn and tailgate the victim up Highland Street,” Casella said
The prosecutor said video surveillance from buildings along Highland Street shows Peckham traveling very closely behind Smith’s car.
After being tailed, Smith stopped his car in the area of Bowdoin Street and got out and approached Peckham’s car, Casella said.
“It’s alleged that the victim punched the window of the defendant’s car,” Casella said.
“The window did spider, it did not shatter.”
The prosecutor's narration of Peckham's frame of mind is not evidence that he was in fact angered and was in fact tailgating.Man told police he shot Worcester father in road rage incident, prosecutor says
After shooting a man, the defendant began to administer CPR until a Worcester police officer arrived and took over, a prosecutor said Wednesday.
But he wasn't hit at all. A Window was hit. The altercation would have never happened if Peckham had simply let it go instead of tailgating him and honking his horn. This would piss just about anyone off. Could have just flipped him off and been done with the whole thing. Now he's going to prison.
“The defendant became angered by this and began to blow his horn and tailgate the victim up Highland Street,” Casella said. The prosecutor said video surveillance from buildings along Highland Street shows Peckham traveling very closely behind Smith’s car. After being tailed, Smith stopped his car in the area of Bowdoin Street and got out and approached Peckham’s car, Casella said. “It’s alleged that the victim punched the window of the defendant’s car,” Casella said. “The window did spider, it did not shatter.”
www.masslive.com
So he fired through the window that was spidered?But he wasn't hit at all. A Window was hit. The altercation would have never happened if Peckham had simply let it go instead of tailgating him and honking his horn. This would piss just about anyone off. Could have just flipped him off and been done with the whole thing. Now he's going to prison.
“The defendant became angered by this and began to blow his horn and tailgate the victim up Highland Street,” Casella said. The prosecutor said video surveillance from buildings along Highland Street shows Peckham traveling very closely behind Smith’s car. After being tailed, Smith stopped his car in the area of Bowdoin Street and got out and approached Peckham’s car, Casella said. “It’s alleged that the victim punched the window of the defendant’s car,” Casella said. “The window did spider, it did not shatter.”
Man told police he shot Worcester father in road rage incident, prosecutor says
After shooting a man, the defendant began to administer CPR until a Worcester police officer arrived and took over, a prosecutor said Wednesday.
This is the part that I wasn't sure of due to the gap in testimony. I think that his window was partially down, but defense attorney's questioning of a witness seemed to suggest that a woman rolled down the window. Photographs at the scene showed the window half down.
What a mess the whole damn thing was.
Yep. The narratives are out of control on this one. If the facts are muddy, make up whatever clarity your conclusions require.
It seems as though they were coming to the same intersection from opposite directions. the defendant was attempting to go straight, but the deceased turned in front of him, which may have angered the defendant who then followed the deceased down that street while allegedly tailgating and beeping his horn
Now youre doing it too. To the average person, there's a difference between "following" someone and traveling in the same direction as someone, who happens to be in front of you.
