Posted on 07/20/2016 8:10:44 AM PDT by PROCON
A Massachusettes man was charged with murder after he shot and killed a 15-year-old boy who was trying to force his way inside the man’s Chicopee, Massachusetts, home Saturday afternoon.
Jeffery Lovell, 42, called the police to report what he believed was a break-in in progress just before 1 p.m. According to reports from the Chicopee Police Department, three teens went to Lovell’s home and began banging on the front door repeatedly. Lovell said he attempted to communicate with the youths through the door, but was unsuccessful.
As the banging continued, Lovell believed the teens were trying to break in, so he called the police and retrieved a firearm. But before the responding officers arrived on the scene, one of the teens struck the door with enough force that it broke a window pane within the door. At that point, more convinced the teens were trying to force their way into his home, Lovell fired a single shot, striking one of the youths.
When police arrived a short time later, they found the injured teen lying on the ground outside of the home. He was suffering from a gunshot wound to his abdomen and was transported to a local hospital, where he died. He was later identified as 15-year-old Dylan Francisco.
Investigators later learned that Francisco and the other teens had been drinking at a friend’s home nearby and began walking through the neighborhood when they mistook Lovell’s home for someone else’s.
Hampden District Attorney Anthony D. Gulluni called the incident “unfortunate,” but nonetheless determined Lovell’s actions warranted a murder charge.
“This was a tragic and avoidable incident that resulted in a young man losing his life,” Gulluni said in a statement.
Although there is no duty to retreat in the state of Massachusetts, the law clearly states that in order for deadly force to be deemed justifiable, the suspect must be inside the dwelling and the occupant of the home must have a “reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death.”
Lovell is currently being held without bail.
I’m sure this poor guy saw three man-sized idiots yelling, beating on his door, and breaking the glass and he feared for his life, end of story. You can sit in your arm chair and act all sanctimonious about it but it is what it is. People have a right to defend themselves on their property where the door is open or not. The reason that you and I are even discussing this either leftist/statist propaganda has infected your mind or you are a government-favoring law and order type, maybe in law enforcement or a lawyer, and think the sheep should be passive and wait for government help. You are basing your argument on faulty logic in my opinion and there are entire states, like Texas, that are in my way of thinking.
As liberal as the State of Washington is, depending on the circumstances, all three of your scenarios (yard, porch, back) are justifiable shootings by a citizen. Of course - one takes the risk of not getting the circumstances just right, and also running into issues with a civil trial.
No reasonable, intelligent person will buy your argument. I'm all in favor of self defense, but no reasonable person is going to be putting rounds downrange like this guy did. I actually had a situation seven months ago where two thugs were trying to break into my motel room through the balcony slider. I grabbed my Glock 23 and put it up against the glass. As soon as the thugs heard it tapping the glass and saw what is was, they bolted. My trigger finger was pointing straight forward, parallel to the slide the entire time. At no time did I consider firing a round, as the threat ended as soon as they saw I was armed. Had they continued to press their entry after they saw me, I would have waited for them to breach the slider. Had that happened, and they forced their way into my room, then I would have been justified in using deadly force, because I would have been in fear for my life and my wife's life. But this guy in Massachusetts, he screwed up big time and he will pay the price. Not only that, he just gave the anti-gun crowd more ammunition in their fight to destroy the Second Amendment.
There is no duty to retreat inside your home against strangers.
Some states even have that extended to the property line.
Exactly!
“....they mistook Lovell’s home for someone else’s.”
That just doesn’t hold water. If they mistook it for someone else’s home, which we are to assume was a friend’s, why would they not respond to his efforts to communicate with them, or why try to break in, break a window pane? Does not add up.
I would imagine that in time he will be cleared, but the horror he will live thru in the meanwhile will be insufferable.
While we’re at it, why do people live in places like MA?
Some states even have that extended to the property line.
I don't know Massachusetts law, so I don't know if there was a duty to retreat. But he also didn't have to fire through a closed door. That's just plain dumb, regardless of the law. I'm no liberal, but I do understand some basic concepts of self defense and shooting a firearm.
"...If they mistook it for someone else’s home, which we are to assume was a friend’s, why would they not respond to his efforts to communicate with them, or why try to break in, break a window pane? Does not add up..."
I’ve never been in that position, so won’t judge the homeowner’s response. And I am quite sure the teens were good and drunk. Nonetheless, I cannot square their claim that they thought they were at another (supposedly a friend’s) house, but continued despite this homeowners yelling at them, to knock and pound on his door. You can only be “so” stupid. Or “so” drunk ... ONE of them had to have had some level of intelligence or sobriety.
Nonsense.
They were looking to break into someones home and were in the process of doing so even though they knew the home was occupied.
They should be charged with felony homicide.
The ones allowing the children alcohol are the murderers here.
Correction.
A BROKEN OPEN BY THE HOME INVADERS entry door
The door had been breached.
What I am stating is that regardless of any laws that any government writes to the contrary it is the natural, God-given right of every person to protect themselves and their property. Laws may vary by state and many states would never prosecute this guy (it is called federalism, look it up).
It appears that Massachusetts is one of those states who trammel on the people’s right to self-defense and that is what jury nullification is for.
Feral, drunk, teenaged men have killed, maimed, and robbed a lot of people from time immemorial. If that’s a game that teenagers want to play then they have to be prepared to die as a consequence.
No, don’t do that. The trail would be obvious and you would be charged with tampering with a crime scene.
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