But seriously, my instructor talked about this in the class, and he said it was a gray area. I probably just wasn't listening, but I thought he said the castle doctrine does cover our vehicles.
Mac at MFS?
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But seriously, my instructor talked about this in the class, and he said it was a gray area. I probably just wasn't listening, but I thought he said the castle doctrine does cover our vehicles.
Holy f***, he just got 4-7 years!Remember the case of the Westborough LTC holder. He was in his car and still got manslaughter in Worcester.
Looked to me like he got jumped with his back to the guy.Hard to retreat when the guy tackles you.
That said, was there a clear threat of death and grave bodily harm?
What does that mean? What constitutional right was violatedviolation of a constitutional right causing injury
They were at a protest and ponytail guy didn't like what they were assembling in favor of (Israel).What does that mean? What constitutional right was violated
Good question. We need @eboos to dig in.What does that mean? What constitutional right was violated
He’s 47 but did look older than that.Looked to me like he got jumped with his back to the guy.
Also didn't look like he was a young guy being tackled. Hit your head off the sidewalk while a 100lb soy boy jumps on your back I would argue could cause grave harm. But we do live in the Peoples Republic of MA so who knows?
Nope. But I did take an MFS class 12 years ago, just never applied to the LTC at that point.Mac at MFS?
This "violation of a constitutional right" charge is against the self-defense shooter though...They were at a protest and ponytail guy didn't like what they were assembling in favor of (Israel).
Yep.This "violation of a constitutional right" charge is against the self-defense shooter though...
NoEven in your own house.
I certainly don’t have any sympathy for the ponytail idiot, but I think the shooter is in for a world of legal hurt.They were at a protest and ponytail guy didn't like what they were assembling in favor of (Israel).
Liberal ?What's worse? Getting shot or running Like that?
What the hell does that even mean? What constitutional right did the shooter violate?The story was just updated in the original post:
“Police arrested Hayes and charged him with assault and battery with a dangerous weapon and violation of a constitutional right causing injury, according to Ryan. He is expected to be arraigned in Newton District Court on Friday.“
2A: constitutional right to carry, but just don't shoot anyone with it?What the hell does that even mean? What constitutional right did the shooter violate?
What the hell does that even mean? What constitutional right did the shooter violate?
So that reads like the shooter's constitutional rights to enjoy free assembly was interfered with, not the ponytail runner.This could just be my speculation, but looking at the law it seems they have added this charge on so that the guy who was shot has recourse to file a civil lawsuit against the gun owner.
Title II Chaper 12
Section 11I. Any person whose exercise or enjoyment of rights secured by the constitution or laws of the United States, or of rights secured by the constitution or laws of the commonwealth, has been interfered with, or attempted to be interfered with, as described in section 11H, may institute and prosecute in his own name and on his own behalf a civil action for injunctive and other appropriate equitable relief as provided for in said section, including the award of compensatory money damages. Any aggrieved person or persons who prevail in an action authorized by this section shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees in an amount to be fixed by the court.“
It’s still muddy reporting from WHDH. We need some better interpretation of the charges and what shakes out at the prelim.So that reads like the shooter's constitutional rights to enjoy free assembly was interfered with, not the ponytail runner.
They likely used chatGPT to generate those articles so fast. Garbage in, garbage outIt’s still muddy reporting from WHDH. We need some better interpretation of the charges and what shakes out at the prelim.
Shouldn’t the guy with the mask be the one charged for that?They were at a protest and ponytail guy didn't like what they were assembling in favor of (Israel).
No, it isn't a castle doctrine, it is an "affirmative defense" and 278-8A only applies within the 4 walls of the house, not anywhere else. That case happened in Sharon, MA and the arresting officer (chief) was a personal friend of mine who gave me the back story on the shooting that led to that law being passed.But seriously, my instructor talked about this in the class, and he said it was a gray area. I probably just wasn't listening, but I thought he said the castle doctrine does cover our vehicles.
Newton is as liberal as they come. Fully expect this victim to be persecuted to the n-th degree in Middlesex District Court and likely found guilty by any jury they can put together. Sad state of affairs.“Police arrested Hayes and charged him with assault and battery with a dangerous weapon and violation of a constitutional right causing injury, according to Ryan. He is expected to be arraigned in Newton District Court on Friday.“
A Pro-Hamas dude running straight at Pro-Israel man to make physical contact and slamming his body/head to the ground? That most certainly could result in death or serious bodily harm. Hopefully he has some sort of legal coverage or someone starts a legal fund for him, I'll gladly chip in.Hard to retreat when the guy tackles you.
That said, was there a clear threat of death and grave bodily harm?