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

Cap said:
"Hussey pushed the jury with the notion that Peckham genuinely believed that he was endanger of suffering serious bodily harm or even death at the hands of Smith.

Brant countered that there is no evidence that Smith was upset. It’s just speculation on behalf of the defense."

So he got out of the car and punched the window...because he wasn't upset? Some interesting reporting.
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The reporting is awful. I can’t make heads or tails of what happened.
 
HARRYM said:
Manslaughter is a 20 yr max sentence. Involuntary is no more than 2 yrs typical.
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There is no different sentence limit in the MGL, but you are right that there must be some sentencing guidance somewhere that comes up with a lighter sentence for involuntary manslaughter. I wonder if Mr. Peckham becomes a prohibited person now? I'm thinking yes regardless of the sentence received. Am I correct in that? 🤔
 
EJFudd said:
I wonder if Mr. Peckham becomes a prohibited person now? I'm thinking yes regardless of the sentence received. Am I correct in that? 🤔
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Ya I think when you are unjustified in shooting someone to death, it’s probably gonna look bad on your LTC renewal. That stuff is frowned upon.
 
EJFudd said:
There is no different sentence limit in the MGL, but you are right that there must be some sentencing guidance somewhere that comes up with a lighter sentence for involuntary manslaughter. I wonder if Mr. Peckham becomes a prohibited person now? I'm thinking yes regardless of the sentence received. Am I correct in that? 🤔
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I "believe" its rare for involuntary manslaughter convictions to net more than a 2 year sentence.
 
eboos said:
Best suggestion would be to keep your freakin head if you ever encounter some moron. Be absolutely sure there is no other alternative. Hindsight is a mother effer! This guy will potentially have up to 20 years to consider if this was his only move.
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I'm trying to sort that out myself but with a lot less information. What I think I've understood from the last few pages of this thread is that there was a traffic issue, and there is stoppage in traffic. Decedent road rages and strikes the shooter's window. Driver's side? Window is laminate so doesn't shatter. Breaks like what happens when a front windshield takes a substantial blow? Then shooter then gets out of the car and faces off with the decedent before shooting him? Or shoots at him from inside the car?
 
meh said:
I'm trying to sort that out myself but with a lot less information. What I think I've understood from the last few pages of this thread is that there was a traffic issue, and there is stoppage in traffic. Decedent road rages and strikes the shooter's window. Driver's side? Window is laminate so doesn't shatter. Breaks like what happens when a front windshield takes a substantial blow? Then shooter then gets out of the car and faces off with the decedent before shooting him? Or shoots at him from inside the car?
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Shot from inside the car. Yes, driver’s side
 
meh said:
I'm trying to sort that out myself but with a lot less information. What I think I've understood from the last few pages of this thread is that there was a traffic issue, and there is stoppage in traffic. Decedent road rages and strikes the shooter's window. Driver's side? Window is laminate so doesn't shatter. Breaks like what happens when a front windshield takes a substantial blow? Then shooter then gets out of the car and faces off with the decedent before shooting him? Or shoots at him from inside the car?
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Some, none, or all of these things occurred. That’s all we know.
 
AmeriKHAN said:
I just don't understand how involuntary manslaughter was the charge. The shooting was intentional was it not?
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eboos said:
It wasn’t
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@eboos, i know you covered it in the thread but look at the stoopid press. [banghead]

www.thegardnernews.com

Driver found guilty of involuntary manslaughter in 2022 Worcester road-rage killing

Samuel Peckham was found guilty of involuntary manslaughter in the death of John Smith, whom Peckham shot and killed in a traffic dispute in 2022.
www.thegardnernews.com
1711640221255.png
 
What has confused the heck out of me was he was arraigned on armed assault to murder a day after the shooting but later plead not guilty to involuntary manslaughter like a month or so later.

The DA back off? Grand Jury back off?
 
HARRYM said:
What has confused the heck out of me was he was arraigned on armed assault to murder a day after the shooting but later plead not guilty to involuntary manslaughter like a month or so later.

The DA back off? Grand Jury back off?
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District court charges vs Superior court charges.
 
Palladin said:
this was in Canada, they guy was charged with 'mischief' and walked
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I am trying to point out the amygdala processes threat, the fight or flight reflex, in different ways on different days. This obviously was not his day

1. The defendant when he first gotten involved in the road rage incident with a guy's with his wife and child in car, was bound to go sideways. Whoever dies 911 first usually wins.

2: He was was on the police hire list, so he erroneously thought he was amongst friends. What's the harm in talking without an attorney present ?

3: I don't know whether the jury heard the deceased has had fentanyl in his system but I do know, those sitting in the jurors box every day, looking at a weeping widow with her fatherless child might strongly influence any fence sitters.

4: As I was told, 'this is Massachusetts it's not about law, it's about optics'

5: far it from me to judge, but his legal team strategy of resting without calling a witness. In hindsight, I believe was a huge mistake.
 
HARRYM said:
Honestly, I can't decide as I feel I don't understand what exactly happened 100%. Only those in the courtroom likely know the complete story.
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I completely agree. All I can say is if these details or those details are accurate than this is how I feel. But we have no way of knowing which details are accurate or not. Probably only one person in that courtroom will know the complete story.
 

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