Jeffrey Lovell: fatal Chicopee shooting - indicted for manslaughter

[Reptile]

Jeffrey Lovell, accused in fatal Chicopee shooting of Springfield teen mistaken for burglar, indicted for manslaughter
SPRINGFIELD — A Hampden Superior Court grand jury on Monday indicted a Chicopee man on a manslaughter charge for the fatal shooting of a teenager who, according to court records, he believed was trying to break into his home.

Jeffery Lovell, 42, shot and killed 15-year-old Dylan Francisco of Springfield on the afternoon of July 16, according to police. He had denied a murder charge in Chicopee District Court and has been held without right to bail.

The manslaughter indictment will mean the murder charge in District Court will be dismissed. Once a case is indicted in Hampden Superior Court, the District Court case is dismissed.

According to Hampden District Attorney Anthony Gulluni, Lovell will be arraigned Wednesday in Hampden Superior Court.

http://www.masslive.com/news/index....tment_in_killing_of_teen_dylan_francisco.html
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Wrong house? I hope his lawyers cross examine the dead teens pals and find out if they intended to do a home invasion.

I was sure he would not be brought up on murder charges.

Why wasn't Jeffrey Lovell, accused in fatal Chicopee shooting of Springfield teen mistaken for burglar, indicted for murder?
http://www.masslive.com/news/index.ssf/2016/08/grand_jury_rejected_murder_cha.html#incart_river_home

I would bet that Lovell is found not guilty of manslaughter as well - once the jury hears his side of the story.

 

[Drix]

This is going to be a really interesting case. I think we can all agree there is a certain amount of negligence here but there are so many mitigating factors. I don't envy his position at all.

 

[GPP]

I think he is absolutely going to be found guilty of manslaugter in this.

 

[jpm]

Wrong house? I hope his lawyers cross examine the dead teens pals and find out if they intended to do a home invasion.

so intent is now sufficient grounds to execute a minor?? Big difference blasting him through the door as opposed to inside your front hall.

 

[terraformer]

Assuming for a minute this wasn't some drunk moron looking for a booty call at the wrong house (or whatever the "innocent"* backstory cops believe is on this one) and that this really was some malcontent on the cusp of turning his life around hanging with other similarly situated individuals looking to do an armed invasion. What makes you believe the surviving malcontents have ANY incentive to tell the truth or that the cops have any incentive to put the screws to said malcontents to get them to spill anything contrary to the "innocent" story line? Hell, the cynic in me would say the cops have every incentive to ensure the malcontents stick to the party line at this point. Anyhow, just like the buddies of, and complete strangers to, Michael Brown in Ferguson MO had every incentive to push the BLM version of the story despite documented evidence their stories were very different in the moments after the shooting, there is no difference here.

All I can say is never shoot through perfectly good doors and there by the grace of god goes the man with security/dash cams or a good cell phone camera and the time to use it to record the events.

* I make no claim on the level of innocence of anyone involved, just hypothetical.

 

[Reptile]

so intent is now sufficient grounds to execute a minor?? Big difference blasting him through the door as opposed to inside your front hall.

I think it would make a difference in the minds of the jury.

Assuming for a minute this wasn't some drunk moron looking for a booty call at the wrong house (or whatever the "innocent"* backstory cops believe is on this one) and that this really was some malcontent on the cusp of turning his life around hanging with other similarly situated individuals looking to do an armed invasion. What makes you believe the surviving malcontents have ANY incentive to tell the truth or that the cops have any incentive to put the screws to said malcontents to get them to spill anything contrary to the "innocent" story line? Hell, the cynic in me would say the cops have every incentive to ensure the malcontents stick to the party line at this point. Anyhow, just like the buddies of, and complete strangers to, Michael Brown in Ferguson MO had every incentive to push the BLM version of the story despite documented evidence their stories were very different in the moments after the shooting, there is no difference here.

All I can say is never shoot through perfectly good doors and there by the grace of god goes the man with security/dash cams or a good cell phone camera and the time to use it to record the events.

* I make no claim on the level of innocence of anyone involved, just hypothetical.

I think if there is a false story on the part of the teens, Lovell's lawyer will expose it. I doubt the cops did a thorough job interrogating the surviving teens since of of there friends was the "victim".

 

[71montess]

We should mount go-pros to our self defense firearms.

 

[Dadstoys]

I hate to see this happening to the guy and I hope his family manages to get through this .
But damn, shooting blind through a door just isn't going to fly.
I have serious doubts that the little turds where there to sell girl scout cookies and the wrong house thing is most likely some made up crap.
If the door was actually busted down and the corpse was in over the threshold, he's be in a much better position right now.

 

[S&WMan]

It's recently been done, Oscar Pistorius is a perfect example of this. He did the same thing though in a different country and somewhat different circumstances. Those that don't study history are doomed to repeat it.
I feel very sorry for both sides.

 

[Reptile]

Jeffrey Lovell will stand trial for fatal shooting of teen mistaken for burglar, lawyer says
http://www.masslive.com/news/index.ssf/2017/11/lawyer_for_jeffrey_lovell_char.html#incart_river_home

Who wants to bet me that there will be a not guilty, hung jury, or mistrial?

Basically I'll bet he wont get convicted this time around.

I'll bet up to $200 with all winnings going to Comm2a.

 

[Reptile]

I hate to see this happening to the guy and I hope his family manages to get through this .
But damn, shooting blind through a door just isn't going to fly.
I have serious doubts that the little turds where there to sell girl scout cookies and the wrong house thing is most likely some made up crap.
If the door was actually busted down and the corpse was in over the threshold, he's be in a much better position right now.

The kid who was shot smashed the glass window before he was fired upon.
Not sure if a technicality but the kids hand broke the threshold into the residence before he was shot.

Lovell's lawyer is going to tear the kid's friends apart because it is possible they were doing a home invasion.

 

[Frizzle Fry]

.

 

[Frizzle Fry]

The broken window doesn't bode well... "We went to visit a friend but went to the wrong house and broke a window" just reeks.

15, homeless, drunk, wandering around pounding on doors and refusing to leave (remember the guy told him to leave repeatedly and called police all in the time before the shots were fired). Still an idiot to shoot through the door... then again it sounds like the window was part of the door and the guy was shot through the windows of the door. Bear in mind this was his back door as well; these guys didn't just wander up his front walkway, and that keeps with the report that the door was more glass than wood/steel.

 

[terraformer]

The broken window doesn't bode well... "We went to visit a friend but went to the wrong house and broke a window" just reeks.

15, homeless, drunk, wandering around pounding on doors and refusing to leave (remember the guy told him to leave repeatedly and called police all in the time before the shots were fired). Still an idiot to shoot through the door... then again it sounds like the window was part of the door and the guy was shot through the windows of the door. Bear in mind this was his back door as well; these guys didn't just wander up his front walkway, and that keeps with the report that the door was more glass than wood/steel.

Doors with dead bolts are required by MA law to have keyless access on the interior. Break glass and you gain entry. Once he broke the glass, it's just a matter of timing and the ADA is scum if these facts are true. I am betting the "friend" is testilying that they were looking for a friend, etc. Hopefully the 911 audio has the glass breaking prior to the shots.

 

[EJFudd]

Doors with dead bolts are required by MA law to have keyless access on the interior.

I never knew that. Interesting since every locksmith and building supply store in MA sells deadbolt locks in double-keyed versions. For out-of-state customers only???

On the main topic, I sympathize greatly with the homeowner. Since they are going to go through a "voir dire" process with the jurors, I guess I would be quickly disqualified. They wouldn't want a guy like me anyway.

 

[Chevy 2 65]

Grab pistol, call 911, secure family in the same room as me. Let dispatcher know what room we are in. Wait for PD.

I do think in some states there would be no issue. What's the backstory on why they were at the house banging on windows?

 

[usp45ct]

One of the many reasons I have Arlo cameras pointing to all the doors with auto upload.

 

[robjax]

so a curious point....the article says the teen was killed in the afternoon and that the wife woke the husband around 1 PM. So is this an incorrect point that the media screwed up or did this really happen during the day?

If it was 1 AM I think a jury would give him a pass. But the middle of the day.....they will not believe this was a home invasion attempt by a 15 year old kid.

Again, I have a hard time believing they did not know where the friend's house was. I think that is BS. I would want the name of the friend they were looking for to see if he even lived on the street or in the neighborhood or existed at all.

but...a kid in anti-gun Mass was killed by an armed home owner.....so we are screwed again.

We are forced to tolerate violations against us, our families and our property while the perpetrators get a free pass and are looked upon as the victims in these cases. This is a case of a homeowner defending his home and family. But the anti's will not see it that way. So now we will no longer have a right to self defense.

I'm sure if the homeowner videoed the event and caught the kids voice on the tape he would be arrested for illegal wiretapping.

It sucks that the kid is dead but it's his own fault. I also think this guy is going to jail.

Mass + Gun + legally armed citizen/home owner + dead teenager = conviction.

 

[1903Collector]

I never knew that. Interesting since every locksmith and building supply store in MA sells deadbolt locks in double-keyed versions. For out-of-state customers only???

On the main topic, I sympathize greatly with the homeowner. Since they are going to go through a "voir dire" process with the jurors, I guess I would be quickly disqualified. They wouldn't want a guy like me anyway.

Loews and Home Depot are full of stuff us meager home owners technically aren't supposed to touch!

 

[EJFudd]

so a curious point....the article says the teen was killed in the afternoon and that the wife woke the husband around 1 PM. So is this an incorrect point that the media screwed up or did this really happen during the day?

If it was 1 AM I think a jury would give him a pass. But the middle of the day.....they will not believe this was a home invasion attempt by a 15 year old kid.

Again, I have a hard time believing they did not know where the friend's house was. I think that is BS. I would want the name of the friend they were looking for to see if he even lived on the street or in the neighborhood or existed at all.

but...a kid in anti-gun Mass was killed by an armed home owner.....so we are screwed again.

We are forced to tolerate violations against us, our families and our property while the perpetrators get a free pass and are looked upon as the victims in these cases. This is a case of a homeowner defending his home and family. But the anti's will not see it that way. So now we will no longer have a right to self defense.

I'm sure if the homeowner videoed the event and caught the kids voice on the tape he would be arrested for illegal wiretapping.

It sucks that the kid is dead but it's his own fault. I also think this guy is going to jail.

Mass + Gun + legally armed citizen/home owner + dead teenager = conviction.

It was 1 PM. I thought that was always clear. The homeowner works the night shift so that's why he was sound asleep when his wife woke him up screaming that someone was trying to break into the house.

I'm not sure the homeowner was fully awake and thinking rationally about why someone was breaking in through his back door at that time... and he had no immediate reason to doubt his wife's fear and words, especially with the pounding and glass breaking in the back door. He saw it happening (as his wife had described) with his own eyes.

The legal problem is that he shot through the door before the drunk/drugged-up kids broke through the door and entered.

It's sad all around, but I think he'll beat the worst of the charges against him unless the jury selection process leaves him with an entirely unsympathetic jury. In this situation, it will all be about who is on that jury.

 

[robjax]

It was 1 PM. I thought that was always clear. The homeowner works the night shift so that's why he was sound asleep when his wife woke him up screaming that someone was trying to break into the house.

I'm not sure the homeowner was fully awake and thinking rationally about why someone was breaking in through his back door at that time... and he had no immediate reason to doubt his wife's fear and words, especially with the pounding and glass breaking in the back door. He saw it happening (as his wife had described) with his own eyes.

The legal problem is that he shot through the door before the drunk/drugged-up kids broke through the door and entered.

It's sad all around, but I think he'll beat the worst of the charges against him unless the jury selection process leaves him with an entirely unsympathetic jury. In this situation, it will all be about who is on that jury.

yeah, as for the time I just read the thread today and saw that. I think a jury would be more likely to give the benefit of the doubt if the middle of the night as opposed to the middle of the day.

as for shooting through the door I get that. but it had windows so the homeowner could see what was happening. Unlike that Oscar Pistorious issue where he shot through a solid door and didn't see what was on the other side I think this is still an issue but less of one because he could see the actions of the person trying to get into the house. And who knocks on a friend's door and breaks the window? If the kid punched through the glass it seems pretty clear to me that he was intent on entering the residence.

I don't think the jury will consider those items.

 

[Uzi2]

It was 1 PM. I thought that was always clear. The homeowner works the night shift so that's why he was sound asleep when his wife woke him up screaming that someone was trying to break into the house.

I'm not sure the homeowner was fully awake and thinking rationally about why someone was breaking in through his back door at that time... and he had no immediate reason to doubt his wife's fear and words, especially with the pounding and glass breaking in the back door. He saw it happening (as his wife had described) with his own eyes.

The legal problem is that he shot through the door before the drunk/drugged-up kids broke through the door and entered.

It's sad all around, but I think he'll beat the worst of the charges against him unless the jury selection process leaves him with an entirely unsympathetic jury. In this situation, it will all be about who is on that jury.

I don't have that "problem" in my state, the law is very, very clear on it. The intruder doesn't need to make entry here, simple attempted break in is all that is necessary for the justified use of deadly force.

Consequently, home invasions and car jackings are quite rare.

KRS 503.055

 

[robjax]

I don't have that "problem" in my state, the law is very, very clear on it. The intruder doesn't need to make entry here, simple attempted break in is all that is necessary for the justified use of deadly force.

In Mass they like to give the criminals every opportunity to be successful. I wish I was being sarcastic but that is what I truly believe.

 

[kmanick]

ok to go a little off topic here, stories like this make me realize I need video cameras in my house
any good recommendations? I would need 4 2 indoors and 2 outdoors
motion triggered with audio.
If this guy had video to present to the jury he might be in a better situation

 

[terraformer]

I never knew that. Interesting since every locksmith and building supply store in MA sells deadbolt locks in double-keyed versions. For out-of-state customers only???

1008.1.8 Door Operations. Except as specifically permitted by 780 CMR 1008.1 egress doors shall be readily openable from the egress side without the use of a key or special knowledge or effort.

Everything is illegal in MA...

 

[peterthefish]

so a curious point....the article says the teen was killed in the afternoon and that the wife woke the husband around 1 PM. So is this an incorrect point that the media screwed up or did this really happen during the day?

If it was 1 AM I think a jury would give him a pass. But the middle of the day.....they will not believe this was a home invasion attempt by a 15 year old kid.

Hopefully someone points out to them that midday robberies and home invasions are pretty common since the house is usually empty or only occupied by the wife.

 

[robjax]

Hopefully someone points out to them that midday robberies and home invasions are pretty common since the house is usually empty or only occupied by the wife.

wasn't a pastor's wife murdered in a daytime home invasion? The defense just needs to cite a few of those cases but this is mass. So in a normal state I would say he has a chance. Here.... I don't feel confident for him.


I would still like more details. I think it mentioned he also talked to the cops without a lawyer. Bad move...

also it said they called the cops but he couldn't wait for them as the kid was breaking through the door.....how long between the call and the arrival on scene? That could be an interesting piece of information.

 

[Uzi2]

Hopefully someone points out to them that midday robberies and home invasions are pretty common since the house is usually empty or only occupied by the wife.

And with the drug addled population growing, so is the mid day home invasion rate in many places.

Neighbors down the road here (elderly farmer couple) had an incident where a couple of druggies came to their home, the female went to the front porch, the male went around to the rear. Female rings the front doorbell, farmer's wife answers the front door and male breaks in the back door. Unfortunately for him, farmer husband was in the dining room just off the side of the kitchen and armed. He shot the intruder and killed him dead in his tracks in his kitchen. Front door druggie female fled and was caught just down the road on foot a mile or so. No charges were filed against the farmer couple and the front porch female was sent to prison for murder charges for the death in commission of a felony.

People here don't fvck around in the protection of their homes and the sheriff's department smiles broadly when ever their job is made easier by the general public.

 

[EJFudd]

Originally Posted by MA 780CMR http://www.mass.gov/eopss/docs/dps/inf/780cmr-1/780010.pdf
1008.1.8 Door Operations. Except as specifically permitted by 780 CMR 1008.1 egress doors shall be readily openable from the egress side without the use of a key or special knowledge or effort.

Everything is illegal in MA...

Damn. I'm an unintentional criminal again. I have a double-keyed deadbolt lock on my garage's back door. Even worse, it is blocked closed with two drop open bar 2x4 door braces too. Should I just report to Walpole or do I have to go to court first?

 

[kevin9]

Damn. I'm an unintentional criminal again. I have a double-keyed deadbolt lock on my garage's back door. Even worse, it is blocked closed with two drop open bar 2x4 door braces too. Should I just report to Walpole or do I have to go to court first?

Just give your house to a disadvantaged family of colored descent as slavery reparations and a white guilt down-payment then you'll be good.

(and yes I know I'm making assumptions regarding race and economic status)