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Police: Worcester homeowner shoots, injures man trespassing on his property

That news headline sucks. Leaves off the part about attempted theft, the perp threatening to shoot the homeowner while reaching into his waistband (witnessed), and fighting with him. Sounds like a good shoot to me, except for the "injured" part.
No. Property not good reason. Also bad that homeowner went outside. I feel bad for him, but he in a heap of trouble.
 
... the perp threatening to shoot the homeowner while reaching into his waistband (witnessed)....

No. Property not good reason. Also bad that homeowner went outside. I feel bad for him, but he in a heap of trouble.

Legal? Debatable and probably not in MA, but at that point I would say it is no longer about property but rather self defense.
 
No. Property not good reason. Also bad that homeowner went outside. I feel bad for him, but he in a heap of trouble.

Perhaps, in brockton guy had his gun inside his truck, got into a fight over money went back to his truck grabbed his gun another fight and he ended up shooting the kid, no charges
 
funny that LEO can think or feel they are threatened and then can unload on a suspect,suvillian,perp,subject or what ever and its GTG. Home owner gets a threat of getting shot and a perceived draw of a weapon....sounds good to me.
 
"...the homeowner was treated for light injuries sustained during the fight"

Sounds like there might have been more than a threat and 'reaching for the waistband'.
 
No. Property not good reason. Also bad that homeowner went outside. I feel bad for him, but he in a heap of trouble.

Easy there.... do you really put people on trial based on stuff printed in a rag? lol You're suggesting its illegal for the homeowner to do anything other than hide under his couch and call the kopsch? (and good luck with that in Worcester, by the time they show up, the guy will be gone with your shit).

Also, if you read the article it would appear that he didn't "protect his property with a firearm" or even attempt to do so.... so unless there's some law under MGL that says you cant "shoo" a potential thief away from your property (without deadly force/weapon/etc) his actions may very well not be unlawful.

As much as I hate to say it though there's an upshot to the perp not dying- whenever the perp doesn't die the level of scrutiny goes way down. (I've seen this effect more than once, in Worcester County, BTW.... ) If there's no corpse the DA seems to be much less interested in trying to hang someone.

-Mike
 
6pm news just said guy was off duty LEO, nothing to see here it was justified. Although it sounds like it was justified, the double standard pissed me off. If that was me they would have unloaded my safes onto a table and took a picture for the papers to run with whatever story they want to portray.
 
No. Property not good reason. Also bad that homeowner went outside. I feel bad for him, but he in a heap of trouble.
It's sad that we've come to this. He should not be required to shelter in place because he heard an intruder.

He did not use deadly force to protect property. He went outside to investigate, and order the intruder off his property. When threatened with deadly force he shot.

It seems that Zackery Bailey played stupid games, and won stupid prizes.

I suspect the homeowner is no longer licensed to carry, and there will be a public outcry if he isn't charged.
 
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There is nothing wrong with escorting a trespasser off your property, or being armed while doing so, though most of us would probably not choose to engage in such a confrontation. A claim of "furtive movement" and "threat to shoot" would get a guaranteed pass for an off-duty LEO, I expect he will be ground up by the system - especially since the other party will no doubt have a different version of events.
 
No. Property not good reason. Also bad that homeowner went outside. I feel bad for him, but he in a heap of trouble.

Witnesses said the guy threatened to shoot the homeowner and reached for his waistband. Sounds like a good shoot, but better if the robber was armed.
 
6pm news just said guy was off duty LEO, nothing to see here it was justified. Although it sounds like it was justified, the double standard pissed me off. If that was me they would have unloaded my safes onto a table and took a picture for the papers to run with whatever story they want to portray.

makes sense - I was wondering why he wasn't arrested on the spot. That explains why, he's special.
 
So you don't have the right to defend your property? The guy also had a prior b&e.
No. You don't have a right to defend your property. Only your life or someone else's life. He saw a guy outside and then went outside? He should have called the police.
 
No. You don't have a right to defend your property. Only your life or someone else's life. He saw a guy outside and then went outside? He should have called the police.
WRONG!

You can use reasonable (but not deadly) force to defend property.

This is the Massachusetts Trial Court jury instruction for defense of property:

A person may use reasonable force, but not deadly force, to defend
his lawful property against someone who has no right to it.

A person may also use reasonable force, but not deadly force, to
regain lawful possession of his property where his (her) possession has
been momentarily interrupted by someone with no right to the property.

Finally, a person may also use reasonable force, but not deadly force,
to remove a trespasser from his property after the trespasser has been
requested to leave and has refused to do so.
 
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