Fatal Shooting in Worcester by Westborough LTC holder UPDATE: Guilty of Involuntary Manslaughter!

I still believe that involuntary manslaughter is a conviction but a conviction based on the fact that it was the deceased actions that caused the "incident" 2 years in jail is about average unless its NY where you likely never get charged in the first place.

I would think an appeal will most certainly happen.
 
Shot from inside the car. Yes, driver’s side
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.
 
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.
 
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 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.
The fact that he followed him. That sunk him....
 

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.
[rofl]
 
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