Only in MA

Sensei Canna offers insight into the real world of self defense!

Moderator: Van Canna

Only in MA

Postby Kevin Mackie » Thu Sep 08, 2011 2:59 pm

http://www.thebostonchannel.com/news/29 ... etail.html

BOSTON -- An 82-year-old Korean War veteran who shot and wounded two homeless people who tried to break into his Revere home Wednesday faced charges in court.

Click Like For Boston News Updates:

Evelyn O'Neil, 45, and Joseph Ross, 46, tried to break into the Calumet Street home of Charles Dicino, but the pair ran away after Dicino called police, according to the Lynn Daily Item.
O'Neil and Ross returned at about 1:35 a.m., and Dicino said O'Neil threw a rock through a window of his home. Police said Dicino fired a rifle twice out another window of his home.
Ross, who was listed in stable condition at Massachusetts General Hospital, suffered a gunshot would to the chest, and O'Neil was shot in the leg.
Dicino pleaded not guilty to two counts of armed assault with intent to murder, two counts of assault and battery with a dangerous weapon and discharging a firearm within 500 feet of a building.
His attorney said his client has no criminal record and that he was only defending himself


His home was under attack. What was he to do, wait until they were in the home with a knife to his throat?
Kevin Mackie
 
Posts: 671
Joined: Wed Sep 16, 1998 6:01 am

Re: Only in MA

Postby Van Canna » Thu Sep 08, 2011 10:39 pm

Tough case.

Someone who threatens a victim must have the immediate ability and opportunity to cause grave bodily harm before the victim can avail of deadly force.

Someone on the opposite side of the street throwing rocks thru windows may not convince a jury to have had the ability and the opportunity to cause grave bodily harm.

Jeopardy_ The victim must feel and show that he is in danger of grave bodily harm.

A jury will decide if the reasonable and prudent man would have felt jeopardized by death or crippling injury under the circumstances presented to the victim.

This is how Massachusetts will look at this case, plus the firing of a firearm within 500 feet of a building.

It stinks but this is the way it is. The home invaders bastards will get all the breaks.
Van
User avatar
Van Canna
 
Posts: 46378
Joined: Thu Mar 11, 1999 6:01 am

Re: Only in MA

Postby mhosea » Fri Sep 09, 2011 8:47 pm

Yeah, nice shooting, but not well-played legally.

It seems like there might be a personal element here that has not been reported. Burglers do not generally want anyone home, and finding someone home, they might become violent or flee to choose another target. Either way, fleeing and then later returning to throw a rock through a window strikes me as bizarre. What was really going on there? What was their intent? Did they know one another?
Mike
User avatar
mhosea
 
Posts: 1142
Joined: Fri Jun 30, 2006 9:52 pm
Location: Massachusetts

Re: Only in MA

Postby Van Canna » Sat Sep 10, 2011 3:58 am

Very good questions Mike.

Freakish situation.
Van
User avatar
Van Canna
 
Posts: 46378
Joined: Thu Mar 11, 1999 6:01 am

Re: Only in MA

Postby Stevie B » Wed Sep 21, 2011 2:05 am

Shoot them... Put a Big Kitchen knife in their hand... and swear up and down it's self defense!! Hard to defend against that story if your dead.... :lol: :lol:




SILENCE!!! I Kill You!!!!
User avatar
Stevie B
 
Posts: 383
Joined: Sat Oct 16, 2010 2:36 pm
Location: Strongsville, OH


Return to Van Canna's Self Defense Realities

Who is online

Users browsing this forum: Rick Wilson and 2 guests