• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

LTC in Action in MA

Joined
Feb 28, 2009
Messages
95
Likes
2
Location
Agawam MA
Feedback: 0 / 0 / 0
WILBRAHAM - David P. Gatti, the man fatally shot inside a condominium on May 7, had armed himself with a broken wine glass, and was following the homeowner up the stairs when shot dead, according to local and state police.

Gatti, a star football and lacrosse player at Minnechaug Regional High School a decade ago, was "delusional and incoherent" when he entered the homeowner's unit, according to a prepared statement issued Thursday by Hampden District Attorney William M. Bennett.

Gatti suffered from severe depression and schizophrenia and was under a doctor's care, according to Bennett.


The information released by Bennett follows an investigation by Wilbraham police and state police attached to his office.

The investigation was aided with the full cooperation of the homeowner, which the release identifies as Ronald Duval, as well as Gatti's parents, Bennett said.

The incident started about 8:15 p.m. when Duval, owner of Unit C20, heard a loud rattling on the front door of his unit and someone saying "let me in, let me in."

Before answering the door, Duval picked up his .380 handgun from his briefcase, which was by the door and placed it in his waistband.

Duval is properly licensed to possess and carrying a firearm, according to Bennett.

When Duval opened the door, Gatti stepped inside. When Duval asked him who he was and what he was doing, he felt threatened by Gatti's delusional and incoherent responses.

As Duval backed into his kitchen, he pulled the gun and pointed it at Gatti, demanding that he stop.

Gatti continued toward Duval, picked up a wine glass from the dishwasher, broke it and threatened Duval with its broken stem.

Duval continue to back away and yelled at Gatti that he would shoot him if he didn't leave. Gatti told him to go ahead and shoot.

Duval moved up the stairs toward where his wife was taking a shower and continued to yell at Gatti to stop.

When Gatti moved up the stairs, Duval shot him in the leg. When Gatti did not stop, Duval shot again, striking Gatti in the chest.

Gatti slumped to the floor and died from the wound to his chest.

Ballistic evidence showed that two shots were fired from the landing of the stairs between the first and second floors. A broken wine glass was found partly in the sink and partly on the floor of the condominium.

Massachusetts law recognizes that deadly force may be used in self-defense in limited circumstances, according to Bennett.

Bennett said he has determined there is no probable cause to support criminal charges and that the case will be closed.
 
maybe a dumb question, but...

Does the Castle Doctrine protect this guy if he "let" the invader into his home? I understand that as a form of self defense when death or great bodily harm is imminent deadly force is acceptable, but I thought that the consensus on the Castle Doctrine meant that even if the illegale trespasser/invader was not immediately threatening your life that you were legally protected if you were to use deadly force if they were in your home. Not that I plan on shooting everyone that walks through the door that I don't like, but I am just trying to see why a criminal charge was even remotely possible against this homeowner?
 
I just hope that he doesn't get sued for wrongful death or some BS like that.
Gatti suffered from severe depression and schizophrenia and was under a doctor's care, according to Bennett.
Very unfortunate situation for everyone involved. Don't get me wrong, I'm glad that Duval was able to protect himself and his family, Gatti left him with no other options. But a part of me still feels bad for Gatti. His actions fully determined the outcome of this situation, but it's not like he was a typical home invading scumbag criminal.
Duval continue to back away and yelled at Gatti that he would shoot him if he didn't leave. Gatti told him to go ahead and shoot.
Those words sound like Gatti wanted to get himself killed.
 
I love how these stories always make it KNOWN how delusional and mentally ill the perp is. I can see the Globe version of this now...
 
maybe a dumb question, but...

Does the Castle Doctrine protect this guy if he "let" the invader into his home? I understand that as a form of self defense when death or great bodily harm is imminent deadly force is acceptable, but I thought that the consensus on the Castle Doctrine meant that even if the illegale trespasser/invader was not immediately threatening your life that you were legally protected if you were to use deadly force if they were in your home. Not that I plan on shooting everyone that walks through the door that I don't like, but I am just trying to see why a criminal charge was even remotely possible against this homeowner?

I doubt he was LET into the house, I suspect the owner opened the door to assess the situation and the perp entered on his own accord. Even if he was let in, he was told to leave multiple times and therefore is a trespasser.
 
Lets just hope this isnt turned around into another anti gun issue. For some reason I think there will be more to this story. I would imagine a civil suit will be in the works. The suspects family will say he was sick and didn't know what he was doing.
 
I'm suprised that the owner wasn't charged with the illegal storage of a firearm by pulling it out of his briefcase which was sitting near the door....oh wait, I know what happened, he unlocked his briefcase, took the trigger lock off his .380, inserted a magazine, racked the slide and then went to the door....

Anyway, this is a tragedy for everyone, Gatti who, if the story is accurate, was mentally ill and more to be pitied than censured, and Mr. Duval who obviously had no choice but to take a human life. I'm glad that he prevailed and that he was able to protect his home, himself, and his family.

Mark056
 
Lets just hope this isnt turned around into another anti gun issue. For some reason I think there will be more to this story. I would imagine a civil suit will be in the works. The suspects family will say he was sick and didn't know what he was doing.

That does not make his actions any less lethal, especially since it wasn't necessarily known to the victim (the guy doing the shooting) until after the fact. Any good judge SHOULD supress that information from the court.
 
Back
Top Bottom