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 Post subject: Only in MA
PostPosted: Thu Sep 08, 2011 2:59 pm 
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Posts: 671
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.

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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?


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 Post subject: Re: Only in MA
PostPosted: Thu Sep 08, 2011 10:39 pm 
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Posts: 30470
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.

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 Post subject: Re: Only in MA
PostPosted: Fri Sep 09, 2011 8:47 pm 
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Joined: Fri Jun 30, 2006 9:52 pm
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Location: Massachusetts
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?

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 Post subject: Re: Only in MA
PostPosted: Sat Sep 10, 2011 3:58 am 
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Very good questions Mike.

Freakish situation.

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 Post subject: Re: Only in MA
PostPosted: Wed Sep 21, 2011 2:05 am 
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Location: Strongsville, OH
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:

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