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NH road rage shooting

drgrant said:
Who came up with that report, captain obvious? They could have recaptioned it with "Top 10 car brands in america" and the
meaning wouldn't have changed much.

-Mike
Click to expand...
The Top 10 brands YTD in US are:

Toyota
Honda
Nissan
Jeep
Subaru
Hyundai
Ram
Kia
Dodge
Volkswagen

For 2015
Ford
Chevrolet
Toyota
Honda
Nissan
Jeep
Hyundai
Kia
Subaru
GMC
 
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jpk said:
Sounds like an activist judge to me based on quote at last hearing

“The defendant brought and pulled out a firearm at a fistfight,” said (Judge) Bornstein.
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If that article correctly quoted him, it’s worse than that. It’s completely prejudicial, biased, and improper. A judge has no business making an apparent statement of fact like that about a defendant’s conduct. He hasn’t even been tried nevertheless convicted! This is judicial misconduct and the judge needs to immediately recuse himself and face sanctions himself.
 
I couldn't attend the actual bail hearing because of work, but I did attend the previous "bail hearing" that mysteriously turned into something else.

I will refrain from giving too many opinions, but I think everyone can draw the same conclusion about this judge and this prosecutor that I have already drawn.
 
As I get older and somewhat wiser I am willing to swallow some pride when the asshats in their vehicles are acting.......well like asshats
It’s just not worth it
I don’t want to end up going to court
I don’t want to lose my CCW
I’ll just pull over or whatever.
My thoughts are that those people will continue their bad behavior. Someone will end up giving them due justice, or the police will end up involved
 
These are the two latest updates I can find.
Judge: Past 'bad acts' won't be allowed in road rage trial
While Judge Peter Bornstein, as of Aug. 22, had yet to act on that motion, a week earlier he did so on the motion by Mariana C. Pastore, an assistant Grafton County attorney, to allow the state to include past “bad acts” by Brown.
Among those acts were seven instances between July 16, 2017 and April 27, 2019, in which Brown’s behavior was similar in some ways to how he acted on April 29, in that he tailgated vehicles, passed them, and stopped short in front of them.
Pastore also sought to include evidence of Brown, in the online persona of “Maine Shark,” explaining his rationale for the use of deadly force; and of a July 31, 2005, incident on Route 16 in Wakefield.
In that incident, someone named Joseph Brown who had a driver’s license that gave his address as Wells, Maine, was arrested and charged with criminal threatening after pointing a handgun at another driver. But the charge was dropped in April 2006 and Pastore did not say why that had occurred.
In total, Pastore argued that Brown over the years had decided “that he could use deadly force in response to non-deadly force….”

She said his “repeated, aggressive confrontations with other drivers goes directly to the fact that he fully intended to be the initial aggressor on April 29, 2019.” As the initial aggressor, she said, Brown, under state law, would be prevented from arguing that he had acted in self-defense.
Bornstein made most of the above moot, however, in his Aug. 15 order in which he wrote that the “driving confrontations” Pastore cited were banned from discussion at trial as was the Wakefield incident.

______________________________________________________________
Grafton man accused of road-rage shooting wants all of state’s 62 witnesses sequestered
Brown’s trial was expected to begin sometime in September but the state filed a motion to continue the trial for at least a month because Marandos was undergoing surgery related to the shooting.
That motion is among several motions and objections filed by the state and defense that are awaiting a hearing in Grafton County Superior Court before Judge Peter Bornstein.

Among the motions is one filed by Atty. Penny Dean on behalf of Brown that asks the court to require all witness to be sequestered “until their testimony has been given and thereafter from speaking with other witnesses prior to their testimony.”
 
Did he ever make bail at least?

PaulR said:
...
Got my dash cam last year, recorded a few a**h***s, no real good ones yet tho. You should hear my audio though, man you'd think I was certifiably insane swearing at idiots. Need to remember that if I ever actually need
to turn in a video, lol.
Click to expand...

The couple of dash cam videos I've pulled to share had one or another boring audio book playing the background so I replace the audio with something like gangum style. (That singer Psy or Psi? from s. Korea )
 
KBCraig said:
His wife died five years ago, from cancer.

Joe Brown is a friend of mine. I obviously haven't been in contact with him, but he's very much someone who would avoid a confrontation if possible.

The wife of the other driver has given the only first-hand reports, and even in that she hints that her husband was the road-rager.
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Guess you don’t know him like you thought you did. “Someone who would avoid a confrontation if possible” guess not. Guys Nuts, needs to go bye bye for a long time. “7 incidences” similar to this in less than 2 years. He's been looking to kill someone.
 
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The rub of this case is going to be the road rage that occurred prior to the on-foot scuffle and shooting. If the prosecution can show that Brown was acting aggressively during the initial road rage encounter, say by passing illegally, brake-checking, and any other such nonsense, then that is going to seriously damage his self-defense claim.

I know that this guy is friends to people on this board, so I'll just make a broad statement. The law takes a dim view of people that start fights and have to shoot their way out of them.

The seven previous reports of someone that sounds awfully like Brown in a Ford Flex doing all kinds of aggro shit on the road:

On July 16, 2017, a woman reported that a Volvo SUV, with the license plate NH 4116562 — which Pastore said Brown later transferred to the Ford Flex — “tried to ram her vehicle from behind” while she was in the area of the Danbury Country Store on Route 4. The Volvo pulled out across the double yellow lines and “brake checked” the woman.

On Oct. 13, 2018, a driver on Route 4 in Grafton reported that a vehicle was tailgating him and flashing its lights. That vehicle passed the driver on a straightaway, then cut in front of him and “slammed on the brakes.” That vehicle, Pastore wrote, “with NH 4116562 plates then turned left onto Prescott Hill Road.”

On April 10, 2019, three men were driving on Route 4 when Brown in his Ford Flex drove up behind their vehicle. From a distance of a few feet away, Brown allegedly passed the other vehicle and “slammed on his brakes and came to a complete stop in the roadway,” causing the other driver to do the same. A person in the vehicle took a picture of the license plate of the Ford Flex (NH 4116562) and it was determined that it was registered to Brown.

On April 13, a woman was driving on Route 4 in the area of Danbury/Andover where the speed limit was 35 miles per hour when she saw a Ford truck tailgating her and coming “close to hitting her.” When the speed limit increased to 50 mph, the Ford passed the woman on a double-yellow line, cut her off and slammed on its brakes. The woman, who later was able to discern that the vehicle was a Ford Flex, nearly hit it. She stopped to avoid a collision, while the Ford drove away. She said the driver was a “male with short black hair and a stockier build” and after seeing news reports about the Grafton shooting with a picture of the suspect vehicle, “she knew it was the vehicle that almost hit her on Route 4.”

On April 26, the same Ford Flex, said Pastore, was engaged in an incident on the Everett Turnpike with a Honda Accord. A witness said the Honda was trying to change lanes and go around the Ford Flex, “but every time the Honda tried to do this, the Ford Flex would cut off the Honda very closely. As one point, both cars were in the grass on the median and even into the breakdown lane. They were going back and forth across the highway.” Both vehicles exited the highway at Exit 11 in Merrimack, with the driver of the Ford Flex slamming on his brakes and coming to “a complete halt” in the exit lane, causing the Honda to nearly rear-end it.

On April 27, two couples were driving on Route 4 in a vehicle when a Ford Flex “flew past them and stopped so suddenly” that one of the rear-seat passengers “hit her head on the seat in front of her.” The Ford Flex “stopped short again, and, in fact, did so three times before the driver took off.” The people in the vehicle were able to recall the first few digits of the Ford Flex and later, one of them, while watching a TV news story about the April 29 road-rage shooting recognized it as the same model and color as the SUV she and the others had encountered two days earlier.

On June 4, a Grafton man said that a few months earlier he had gone to a gas station in Danbury to fill a 26-gallon tank in the back of his pickup. The man, who knew Brown, noticed Brown had also stopped there. Driving slowly so as not to spill the fuel, the man said he saw Brown driving behind him with flashing lights. The man let Brown pass and when Brown was in front of the pickup, Brown “slammed on the brakes.” When the two drivers got closer to their destinations, Brown came to a stop and waited for the man who likewise stopped but did not drive around Brown, saying that “he did not want anything to do with Brown.”
Click to expand...
 
I drove in Brooklyn for the first time in my life yesterday.
Holy crap. I thought RI drivers were bad...
I could write a book on the stuff I saw in the two days I was there.
Nice city though, surprised by that.
 
PaulR said:
I drove in Brooklyn for the first time in my life yesterday.
Holy crap. I thought RI drivers were bad...
I could write a book on the stuff I saw in the two days I was there.
Nice city though, surprised by that.
Click to expand...

You must never have driven on a highway in Atlanta!
 
Matt-CZ said:
The rub of this case is going to be the road rage that occurred prior to the on-foot scuffle and shooting. If the prosecution can show that Brown was acting aggressively during the initial road rage encounter, say by passing illegally, brake-checking, and any other such nonsense, then that is going to seriously damage his self-defense claim.

I know that this guy is friends to people on this board, so I'll just make a broad statement. The law takes a dim view of people that start fights and have to shoot their way out of them.

The seven previous reports of someone that sounds awfully like Brown in a Ford Flex doing all kinds of aggro shit on the road:
Click to expand...

Wow. Yeah, I'm having more and more trouble working up any sympathy for this Brown guy. As far as I know, there are no police reports sitting around anywhere about some bad driving I've done, at least not that I know of... if that ever happened, no police ever called me about it. And, 7 in 2 years? (Probably a LOT more... 7 is how many were reported.) And, mostly in Grafton? I've been to Grafton and the surrounding area plenty of times. There's nothing there! It is peaceful and quiet, and there's no real conditions there to be road rage inducing. My wife and I both love that Danbury Country Store... great little place to stop by on a trip through there to get a sandwich. Not once while up there was I thinking about how bad everyone is driving.

Anyway, sorry for the folks here who know him and want to make sure justice is done for him. It's not looking too good though.
 
Does anyone have an update? Attorney Dean had asked for another dismissal in Feb due to missing reports and video that had been taped over. It was dismissed by the court in Feb 2020. I guess he is still sitting in jail.
 
The last time I talked to Penny (I saw her at the Statehouse when she was there to testify on a gun bill), she said that trial was scheduled for April.

Obviously that's long gone now.
 
A little bird told me that, as of a couple weeks ago, he's still in jail and there was going to be testimony given in a pre-trial motion like a motion to suppress hearing.

Don't ask me how I know. I can commune with birds.
 
whacko said:
He got out and came to my window and started screaming at me to get out and "handle it like a man"
Click to expand...
This happened to me once, a long time ago, at a Home Quarters parking lot. I got out of my truck. The guy took one look at me, realized his mistake, and quickly walked away. My wife laughed all the way into the store as we walked hand in hand toward the entrance.
 
whacko said:
Tough to say if I were in that situation if I'd have had the thought process to call.

I agree though that there are ways to de escalate a situation. Years ago I was involved in a road rage incident. A close call between me and another pickup truck in a market basket parking lot. No collision
.....we both kind of f***ed up and almost had our mirrors hit. I gave him the "sorry dude" wave and moved on and parked. He followed me and blocked me in by parallel parking behind me and I had no place to go. He got out and came to my window and started screaming at me to get out and "handle it like a man". I was carrying.....but I grabbed my cell phone and started recording......the moment I put the cell phone up to my window he smartened up and went back to his truck and drove away.

Sometimes a cell phone is the best defense. Glad he smartened up.....but I had no intentions of getting out of my truck. If he had busted out my window or something crazy not sure how that would have gone for him.
Click to expand...

While I agree with the approach, that made me flash back on a movie, God Bless America (GREAT movie, if a little dark, by the way).



The fun starts at 2:45 and the scene where a bystander uses a cell phone to foil the killing spree is at 3:20


One of my encounters, some lackass of the central american 'hood persuasion was tailgating me and a very pregnant Mrs. Pipes. He wouldn't back off so I stopped the car in the street, got out (I'm 6'3" and 250 (at that time, more muscle than padding), popped the trunk, picked up a tire iron, walked the other car (driver's window rolled up as I approached). I "tapped" on the window until it rolled down and I calmly explained that it isn't very smart to tailgate people you don't know when they're in protection mode. He understood his error and apologized. I had some anger issues back then. The Statue of Libations has long since expired.

These days, I would use the cell phone with my left hand to defuse a situation.
 
Anyone know anything after this hearing?


Valley News - Lawyer seeks to withdraw in shooting case (vnews.com)

Lawyer seeks to withdraw in shooting case
By ANNA MERRIMAN
Valley News Staff Writer
Published: 10/30/2020 11:19:41 PM
Modified: 10/30/2020 11:19:32 PM


NORTH HAVERHILL — An attorney for Joseph Brown, a Grafton man accused of shooting another driver in a road rage case last year, is requesting to withdraw from the case, saying Brown can no longer pay his legal fees.
“I have been working pro bono for quite some time now,” Concord-based attorney Penny Dean said during a virtual hearing regarding her request in Grafton Superior Court on Friday. “You’re talking about months of free work.”
Grafton Superior Court Judge Lawrence MacLeod did not issue a decision on Dean’s motion Friday, but he listened to arguments from Dean and Assistant Grafton County Attorney John Bell, who worried about the delays Dean’s withdrawal could cause.
Brown, 40, has been held in jail since he was accused of shooting Jason Marandos during an altercation on Route 4 in Grafton in April 2019. Marandos survived the shooting.



One of the key issues that Bell raised Friday centered on a hearing that both parties began in March to evaluate an expert witness on self-defense and firearms, who may testify at Brown’s trial. The hearing has been on hold for months.

“Let’s finish what we started,” Bell said, suggesting that after Dean and prosecutors finish the evaluation, a public defender can be appointed in Dean’s place. Dean agreed to finish the evaluation.



The back-and-forth is the latest in many legal disputes between Dean and prosecutors over the last year-and-a-half since Brown’s arrest. In that time, Brown’s case summary has stretched to 42 pages long as both parties have filed numerous motions, objections and responses, amounting to over 300 court documents.

MacLeod said he expects to announce his decision on Dean’s motion next week.




But MacLeod worried that a public defender might have a different approach to the defense than Dean has had, which could complicate a case that’s already on its way to trial.
 

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