Salem, Massachusetts

From TheBostonChannel.com of June 29, 2006

Jury Acquits Iraq War Veteran Of Shooting Into Crowd

Two Injured In Shooting

A jury deliberated just two hours Thursday before finding an Iraq war veteran acted in self-defense when he fired a shotgun into a group of club-goers outside his Lawrence home, injuring two people.

The Salem Superior Court jury acquitted Marine Sgt. Daniel Cotnoir, a 34-year-old reservist named last year's "Marine of the Year," of two counts of assault and battery with a dangerous weapon in the shooting last August.

Cotnoir, a married father with two young daughters, had rejected an earlier plea deal. He could have faced up to 20 years in prison. He stood stoically and showed no emotions as the verdicts were read.

Prosecutor John Dawley had urged jurors not to "give him extra points because he was in Iraq."

"He is basically a good guy," Dawley said. "But this is not a case about making someone a bad guy. Good people do bad things. Good people occasionally have monumental lapses of judgment."

Defense attorney Robert Lewin asked jurors to put themselves in Cotnoir's shoes, noting a bottle was thrown through Cotnoir's bedroom window at about 3 a.m. while his children slept upstairs.

"You really have to try to put yourself in his room that night," Lewin said. "How do you think you'd feel?"

Lewin also pointed to a prior incident during which someone fired a gun at Cotnoir's house.

"Consider not only what happened that morning, but also the history of violence in that parking lot," he said.

Cotnoir, who served eight months in Iraq in 2004, helped create a mortician's unit for the Marine Corps, for which he was credited in winning the Marine of the Year award. He and his wife, Mary Kate, accepted the award in Washington, D.C., one month before the shooting.

Cotnoir's house, which is also his family's funeral parlor, overlooks a parking lot that sits across from two nightclubs. After the clubs let out at 2 a.m. on Aug. 13, 2005, revelers cranked their music and were singing and dancing.

Cotnoir testified he felt "under attack" after a bottle was thrown through his window minutes after he called police to complain. He said he was in fear of his family's safety when he grabbed a rifle and fired a shot into what he said was a clear area.

The shell struck a curb and shattered into fragments, striking Kevin Castillo, 21, and Lissette Cumba, 15, both of Lowell.