Boston, MA

1/27/19 Boston Herald:

A legally licensed gun owner brought to an end a high speed road rage incident that spawned a flurry of calls by terrified motorists who reported an SUV racing down the Mass Pike with a man clinging to the hood of the car, police said.

Mark Fitzgerald, 37, of Ashland and Richard Kamrowski, 65, of Framingham will face each other in Waltham District Court on Monday. The two were released on personal recognizance after their arrests on Friday.

The perilous incident ended with Kamrowski clinging to the hood of Fitzgerald’s 2016 Infiniti QX70 for miles, smashing the windshield with a water bottle, until a third motorist state police said is a licensed gun owner drew his weapon on Fitzgerald and ordered him out of the SUV.

Off-Duty Security Guard Shoots Psychiatric Patient After Attack On Doctor

Boston, Massachusetts

From the October 27, 2009 Boston Globe:

A patient in a psychiatric center near the Massachusetts General Hospital stabbed his doctor this afternoon before being shot dead by an off-duty security guard, police said.

The physician is in stable condition, Police Commissioner Edward F. Davis said at a press conference this afternoon as he described a chaotic scene.

A relative said the victim was Dr. Astrid Desrosiers, a Massachusetts General Hospital psychiatrist who worked at the center. Isabellie Desrosiers, Desrosiers' sister-in-law, said she had been told by Desrosiers' sister that Astrid had been shot. Police identified the patient late this afternoon as 37-year-old Jay Carciero of Reading.

The actions of the security guard, who does not work at the hospital, were hailed as "heroic" by Bonnie Michelman, head of security for Massachusetts General Hospital.

Massachusetts: Dog bites man, man shoots dog

Methuan, Massachusetts

From the Eagle Tribune of October 17, 2009

Dog bites man, man shoots dog

Matthew Reppucci was walking into his Linton Avenue yard when his neighbor's pit bull named Diesel jumped on him a few times and then bit him in the forearm.

So Reppucci pulled out his Colt .380 and shot the dog.

"The dog ran off," said patrol commander Capt. Randy Haggar. "It looks like the dog is going to live."

Haggar said Reppucci was licensed to possess the weapon.

He said that Reppucci agreed to turn over his pistol and a rifle and his gun license during the course of the investigation.

"That is standard procedure," Haggar said.

The owner of the dog, David Guzman, of 9 Linton Ave. second floor, rushed Diesel to Salem Animal Hospital where he was treated for a single gunshot wound to the right side of his chest.

At the scene, Josh Guzman, 33, brother of Diesel's owner called the incident with the dog a "fluke. He's a puppy. He's not even 2 years old."

"I was on the Internet and my cousin was making breakfast. I heard a shot but I didn't think anything of it. The next thing I knew the dog was coming upstairs bleeding," Josh Guzman said.

He said his sister and her children live on the first floor and they have had dogs for about 2 1/2 years.

"We've got kids," Josh Guzman said. "We don't put nobody in danger."

He said their dogs were well-trained and cared for, and that such an incident would not happen again.

"I am surprised it happened now," Josh Guzman said.

Haggar said Reppucci likely would not face any charges in connection with the incident.

"I don't believe at this time there will be any charges," Haggar said. "But we are going to review the case in its entirety before we make a final decision."

Reppucci did not respond to a knock on his door after the incident.

Massachusetts: No charges in neighbor's death

Wilbraham, Massachusetts

From The Republican of May 9, 2009

No charges in neighbor's death

A Boston Road condominium owner who shot and killed a neighbor Thursday night at present faces no charges because the shooting appears to be in self defense, Police Chief Allen M. Stratton said Friday.

Stratton said the Woodcrest Condominium resident, whose name was not released, told police he shot twice at a man who came into his apartment without permission, refused to leave and then became aggressive. The shooting took place just before 8:30 p.m.

The intruder turned out to be the owner of a neighboring condominium unit. He was identified as David P. Gatti, 29, of unit C25, police said.

Gatti, a star football and lacrosse player more than a decade ago at Minnechaug Regional High School, sold insurance with his parent's agency in Springfield.

He was shot twice and pronounced dead at Baystate Medical Center, police said.

Friends of Gatti said Friday the account of the shooting simply does not jibe with the gentle, non-violent man they've known for years.

"He didn't have an aggressive bone in his body," said Samuel O'Neil of Springfield.

According to police reports, the condo resident was home sometime after 8 p.m. when he heard someone trying to enter the front door. He went to the door, opened it and saw Gatti, who stepped inside uninvited.

The resident told police he did not recognize him, and when asked to leave, Gatti refused and became "threatening in nature," police said.

Police Chief Stratton said Gatti did not have a weapon and never laid his hands on the condo owner. The owner described him as yelling and gesturing in such a way that he felt threatened.

The resident told police he retreated into the condo and armed himself, and when Gatti reportedly followed him, he opened fire, police said.

Stratton said the initial investigation so far indicates the "control, possession and use of the firearm was defensive in nature and consistent with Massachusetts General Laws."

Hampden County District Attorney William M. Bennett said his office will review the circumstances but it appears the shooting is justified within state law.

(More)

Massachusetts: Clerk shoots, kills masked man during Worcester holdup

Worcester, Massachusetts

From the Boston Globe of December 11, 2008

Clerk shoots, kills masked man during Worcester holdup

A liquor store clerk shot and killed an alleged armed robber in Worcester last night, firing at a masked man several times when he pulled a handgun during a holdup, police said.

The alleged robber -- Evan Louis Rivera, 40 -- was pronounced dead at a hospital 45 minutes after the shooting. When the clerk opened fire, Rivera's accomplice ran and remains at large, police said. The clerk who shot the robber was interviewed by police and has not been charged.

The two masked men entered Big Bob's Liquors on Richmond Avenue at 9:59 p.m., police said in a statement describing the shooting. One of the men pulled a handgun and pointed it "directly at one of the two store clerks then on duty," the statement says.

One of the store clerks pulled his own gun and shot the alleged robber several times, police said. The clerk's name was not released because he has not been charged with a crime. Police said he was cooperative and is properly licensed to possess and carry firearms.

After the shooting, police launched a "large-scale area search" for the second robbery suspect that included State Police dogs. Detectives believe that the two masked men may have been responsible for a string of similar robberies in the region, according to Sergeant Kerry F. Hazelhurst.

From the Boston Channel of February 6, 2009

Storeowner Who Killed Robber Not Charged

The owner of Big Bob’s Liquors will not be charged in the death of a man who was shot while attempting to rob the store at gunpoint in December, according to Worcester District Attorney Joseph D. Early Jr.

“A thorough review of the investigation and evidence has revealed that the storeowner acted in self-defense and in the defense of another,” Early said. “He and his brother were put in fear for their lives.”

Two men entered Big Bob’s store at 4 Richmond Ave. at about 10 p.m. on Dec. 10. At least one of the men pointed a handgun directly at a store clerk behind the counter. The storeowner, who was nearby, pulled out his own gun and shot one of the would-be robbers several times. The other man fled the store and remains at large.

Evan L. Rivera, 40, was pronounced dead later that night at the University of Massachusetts Medical Center.

Massachusetts: Liquor store clerk disarms would-be robber

Lawrence, Massachusetts

From the Eagle Tribune of December 7, 2008

Liquor store clerk disarms would-be robber

Raul Gruezo said he got angry last night when a would-be robber walked into Garcia Liquors, pointed a loaded gun at him and demanded money.

"I'm so mad, I'd like to hit him," the 59-year-old package store clerk said.

Gruezo said he stared the man down, then grabbed hold of the gun with his right hand, and used his left hand to pull it away from the intruder, who then fled the store.

"I look at him, like a cat, then take it away," Gruezo said, demonstrating how he snuck his right hand onto the weapon as he looked at the intruder. His left hand was injured and bandaged from the scuffle.

"This is the first time in my life that somebody pointed a gun at me," he said. "But I don't scare. I'm not nervous. I'm just mad."

Gruezo said he used his size advantage to pull the gunman toward him and push the gun so it pointed toward the ceiling instead of at his face.

The robbery suspect, who is described as 5-foot-5, with a stocky build, fled the store after losing his gun. Police said they will review a store surveillance tape in an effort to identify the gunman.

(More)

Massachusetts: Clerk with handgun turns tide on would-be robber

New Bedford, Massachusetts

From the South Coast Today of November 25, 2008

Clerk with handgun turns tide on would-be robber

Police said Tyrone Lamb, 26, of New Bedford was armed with a knife when he tried to rob a clerk at a North End convenience store last weekend.

Big mistake.

Around 2:45 p.m. Saturday, Mr. Lamb allegedly walked into the Petro Mart at 171 Coggeshall St.

The suspect wore a gray sweatshirt with the hood pulled over his head. He asked for a pack of cigarettes but did not take out cash. He kept his hands in his pockets and skulked around the store.

The clerk, Antoine Khalife, knew something was going to happen.

"I had a bad feeling," said Mr. Khalife, a Petro Mart employee for seven years. "He was really suspicious."

The suspect walked to the counter and pulled a switchblade from his pocket. He held it to Mr. Khalife's face and demanded money, according to police reports.

Unfazed, the clerk stepped back from the counter.

"I was waiting for him," he said.

Instead of opening his register, Mr. Khalife drew a .40-caliber Sig Sauer handgun from a holster hidden in his coat. The tables had turned as the clerk ordered the man to drop his knife.

"I don't think he was expecting that," Mr. Khalife said. "His face lit up like a Christmas tree. His eyes were about three times their size."

The suspect backed off and said, "I'm sorry." He turned around and ran out of the store.

Mr. Khalife said he followed the suspect outside and yelled at the man as he entered his getaway car.

Meanwhile, a man scratching lottery tickets inside a nearby parked car looked outside his window and saw Mr. Khalife walking outside the store, holding a handgun, court records said.

Mr. Khalife saw the suspect leaving in a green Mercury Sable. He noted the vehicle's license plate number and called police. Later, he reflected on the suspect's brazenness.

"The thing that threw me off was that this happened in broad daylight," he said. "People were on the street and pumping their gas. But he didn't care."

Police tracked the suspect's license plate to a Roswell Street residence. Relatives there told police that Mr. Lamb drove the vehicle, according to police reports.

Police obtained an arrest warrant for Mr. Lamb after Mr. Khalife identified him from a photo array as the robbery suspect, court records said.

Mr. Khalife has a valid license to possess the handgun, police said.

"You can't confuse vigilance with vigilantism," New Bedford police spokesman Lt. Jeffrey P. Silva said.

"This was a lawful gun owner who, when confronted with deadly force, responded to save his life and, in the end, helped us to solve a crime."

Mr. Lamb turned himself in to police Sunday. He told detectives he did not rob the convenience store. He later asked police to explain the legal differences between attempted and actual armed robbery, and if he would serve more time in jail, court records said.

Mr. Lamb has a prior robbery conviction, police said. He was arraigned Monday on charges of armed assault with intent to rob, attempt to commit a crime and assault by a dangerous weapon.

He was held on $7,500 cash bail and ordered to return to court Dec. 22 for a probable cause hearing.

[Emphasis added]

Rochester Resident Held Purse-Snatching Suspect at Gunpoint

Rochester, Massachusetts

From the February 27, 2008 New Bedford [Mass.] Standard Times:

ROCHESTER — Brad Correia had just returned to his home on Mattapoisett Road from a trip to the White Mountains with his wife and two children about 10:30 p.m. Sunday when they heard a knock at the front door.

Mr. Correia, 45, was tucking his 7-year-old son and 8-year-old daughter into bed. His wife went downstairs to see who was at the door and found a young man standing outside asking for help. Before opening the door, she summoned her husband.

"Before I went downstairs, I tucked my .45 into the back of my pants," Mr. Correia said.

Mr. Correia opened the door and Steven Grover, 18, of New Bedford, reported that his car had broken down on the interstate.

Since the family had just driven home from out of state, they had no way of knowing that a manhunt for three suspects in a purse-snatching was in progress.

"I could see that he was in pretty rough shape," Mr. Correia said of the unexpected visitor. "His clothes were soaked, he was bleeding and he'd lost one sneaker in the mud when he broke through the ice. I thought that if he were my son, I'd want someone to help him, so I let him in."

Mr. Correia permitted the fugitive to use the house phone while providing him with hot tea, dry clothes and hot water to soak his chilled feet.

"He made some calls, but he couldn't get anyone to come and get him," Mr. Correia said. "He wanted to call a cab, but he had no money, so I said I would pay."

By then, however, Mr. Correia had grown suspicious of his visitor because his story kept changing as it went along, he said.

"It just didn't add up, so I called 911 and asked them if they were looking for anyone."

Based on the description provided by the police, Mr. Correia realized that his guest was a wanted man.

"When it dawned on him that I was talking to the police, he jumped out of his chair. That's when I pulled my gun. I told him to sit back down, that the police were on their way, and he did."

"I've had my permit since I was 18, and that's the first time I've ever pointed a gun at another human being. I hope I never have to do it again. I tried to be a nice guy, but he had nothing to lose at that point. He knew he was going to jail."

Springfield, Massachusetts

From the November 9, 2007 Springfield Republican:

Police said they followed a trail of blood to capture a city man who was shot by a convenience store clerk during a botched robbery attempt yesterday morning.

The clerk had been pistol-whipped during the crime, and had a cut to his head, said Detective Bureau Capt. Robert T. McFarlin. The clerk, a 44-year-old native of Iraq, will not be charged, he said.

As described by police, two males entered Wheeler's convenience store at 597 Dickinson St. around 11:20 a.m. One had a stun gun and the other a semi-automatic handgun. A struggle ensued, and the clerk took the handgun and shot one of the suspects in the leg.

Police followed the blood and found Abraham Ramos, 20, of 227 White St., in a garage at 146 Draper St., McFarlin said. He was taken to Baystate Medical Center where he was being treated for a gunshot wound to the leg.

New Bedford, Massachusetts

From New Bedford’s SouthCoastToday.com of October 24, 2007

Shooting victim now charged in connection with house break

A 24-year-old city man, allegedly shot in the neck during an armed house break, has been arrested on home invasion and gun charges in connection with the break.

Brandon L. Medeiros of 450 Kempton St. is charged with four counts of armed home invasion with a firearm, two counts of armed assault with intent to commit robbery with a firearm, two counts of assault and battery with a dangerous weapon, unlawfully carrying/possession of a firearm, discharging a firearm within 500 feet of a building, armed burglary with a firearm and unlawful possession of ammunition, according to New Bedford police.

Gregg Miliote, a spokesman for the district attorney’s office, said Mr. Medeiros will be arraigned on the charges today in New Bedford District Court.

He added that prosecutors will seek a dangerousness hearing to hold the suspect for up to 90 days while awaiting trial.

He said Steven Gagne, an assistant district attorney, has had preliminary discussions with Christopher Markey, the defense attorney for Mr. Medeiros, and a dangerousness hearing has been tentatively scheduled for Friday in New Bedford District Court.

The charges stem from a house break at 33 Sycamore St. about 8:15 p.m. Monday when a gun discharged during a scuffle between two suspects and the male occupant.

Mr. Miliote said prosecutors allege one of the suspects is Mr. Medeiros.

Mr. Medeiros was taken to St. Luke’s Hospital, New Bedford, and then flown by medical helicopter to a Boston hospital. Police found Mr. Medeiros when they responded to a report of a man shot laying in the street near 74 Parker St.

Mr. Miliote said Mr. Medeiros was not seriously injured in the shooting and will be present in court for his arraignment.

The spokesman did not identify the second suspect in the house break and said he remains at-large.

Franklin County, Massachusetts

From the Quincy Patriot Ledger of October 22, 2007

Animal shot in western Massachusetts may be state’s first wolf, officials say

State wildlife officials say a large animal killed in Franklin County last week may have been the first wild wolf in Massachusetts since 1840.

After investigating reports from several farms about attacks on lambs and sheep, MassWildlife received a call on Oct. 14 that an 85-pound wild dog had been killed in Shelburne, about 8 miles west of Greenfield.

A farmer shot the animal Oct. 14 when it returned to his Shelburne farm after having killed 13 lambs the day before. The farmer’s name was not released.

On Oct. 13, a wildlife biologist visited the farm where the lambs had been killed. The owner was told he had the right to shoot the animal, which at that point was assumed to be a dog.

Officials described the animal as a wolf or a cross between a wolf and a dog.

Todd Fuller, a professor and wolf researcher from the University of Massachusetts/Amherst, examined the dead animal and said it may have been a wolf or a hybrid.

The carcass has been sent to a lab in Oregon for DNA testing.

Barnstable, Massachusetts

From Providence’s (RI) EyewitnessNewsTV.com of September 28, 2007

Cape Cod man acquitted of murder charge

A Cape Cod man is acquitted of charges that he fatally shot his friend.

Jeffrey Harrington of Bourne was acquitted of second-degree murder and assault and battery with a dangerous weapon charges by a jury in Barnstable Superior Court today.

Harrington was on trial for shooting Gerald Carbone of Wareham in the head at close range in September 2004.

The two men had known each other for years but had been in a dispute involving a woman at a Buzzards Bay bar shortly before the shooting.

Harrington claimed self defense.

His lawyer told the jury that Carbone had threatened Harrington.

Barnstable, Massachusetts

From the Boston Globe of August 17, 2007

Grand jury declines to indict Cape Cod doctor in husband's death

Prosecutors are dropping the case against a Cape Cod doctor charged with fatally shooting her husband after a grand jury declined to indict her because of evidence he abused her.

The Barnstable County grand jury considered testimony from 27 witnesses who said Ann Gryboski, 51, was a victim of physical and psychological abuse by Patrick Lancaster, 50, her husband of more than 20 years, Cape and Islands District Attorney Michael O'Keefe office said in a statement Friday.

"This is a finding by the Grand Jury consistent with the evidence in this particular case," O'Keefe said.

Gryboski has been free on bail after pleading not guilty in April to a murder charge. She had appeared in court with swollen eyes and bruises around her mouth, and the district attorney said then there were "mitigating factors" in her case.

Defense attorney Kevin Reddington did not immediately return calls seeking comment Friday.

But in a statement released by Robert Galibois, attorney for Gryboski's son Chris, Reddington said he and Gryboski were pleased that grand jurors recognized that she acted in defense of herself and her son, according to the Cape Cod Times.

"This has been a very trying time for the doctor and her family and we hope that this unfortunate case will now be put behind her and she can get back to work with her patients and the job she loves," Reddington said in the statement.

"Chris is immeasurably relieved that the court process is over," Galibois said on behalf of his client. "He is grateful for the overwhelming support from family and friends during this difficult time."
Reddington had said in court that the case was "pure and simple self-defense."

"The bruises speak volumes about what happened," Reddington has said. "She did what she had to do to protect herself and her children."

Gryboski told police she shot her husband, a builder and charter boat owner, in their home on Easter Sunday after she attempted to intervene in an argument between him and one of their adult sons who confronted his father about his mother's black eye and swollen face.

She told police that the night before the killing, her husband had repeatedly punched her as she drove with their 2-year-old grandson in the back seat.

When her husband came toward her on that Sunday, she fired two shots, hitting him in the torso, according to prosecutors.

"She went to him, cradled his body and said 'I didn't want it to end like this, I hope you find peace,'" O'Keefe said in his Friday statement.

O'Keefe said Friday doctors who examined Gryboski found head and facial trauma on the right side and a chipped tooth as well as a mild corneal abrasion and evidence of a previous nasal injury.

Gryboski, who specializes in internal medicine, has a Yarmouth practice, but had stopped practicing pending her case. A spokesman at Cape Cod Hospital said at the time of the slaying Gryboski had a discipline-free record.

Taunton, Massachussets

From the Taunton Gazette of April 7, 2007

Home invasion suspect being held

A suspected accomplice to an armed home invasion will be behind bars for up to 90 days after a Taunton District Court judge ruled he was "too dangerous" to release before his trial.

Jason Swanbon, formerly of Raynham, was ordered held on a Taunton Police charge of armed robbery by Judge Daniel O'Shea under the state's dangerousness statute.

The victim of last week's Jefferson Avenue home invasion identified Swanbon in the courtroom audience Thursday during the dangerousness hearing of primary suspect Arnold Toledo of Taunton.

Last Monday, a 26 year-old man was sitting in his living room when Toledo walked into his apartment drew a handgun, Detective Timothy White said. The resident told police he then lunged at Toledo, knocking him to the ground. The man overpowered the intruder and managed to get the gun, still gripped by Toledo, pointed it away from himself, police said. During the scuffle, a shot went off into a foot stool, and Toledo dropped the weapon, police said.

At this point, the resident told police, a second man came into the apartment, grabbed the gun off the floor, ran out to a waiting car and drove away. Toledo then managed to also run away, police said.

After the resident gave police a description of the car, they found a vehicle matching the profile, and were able to connect it to Toledo, police said.

During Thursday's hearing, the victim identified Swanbon as the man who ran into his apartment and grabbed the gun during the scuffle.

Lawrence, Massachusetts

From the North Andover Eagle-Tribune of March 30, 2007

Vigilante cabbie cleared of attempted murder charge

A Lawrence cab driver, who took the law into his own hands and shot an alleged robber in the back, has been cleared of attempted murder charges.

Bienvenido Rodriguez shot the man with a semiautomatic handgun after being robbed at knifepoint on Parker Street in January.

Police disagreed with Rodriguez's vigilante action and charged him with attempted murder.

But this week, the Essex County grand jury in Salem declined to indict Rodriguez, 36, of Camden Street, Methuen.

However, the same grand jury indicted the man who was shot.

Herman Irene, 36, of 25 Foster St., Lawrence, faces a charge of armed robbery, said Stephen O'Connell, spokesman for the Essex County district attorney's office.

"There will be no prosecution of Mr. Rodriguez," O'Connell said.

Yesterday, Lawrence police Chief John Romero said Rodriguez would have been facing less serious charges if he had pulled his gun while the robbery was being committed, instead of waiting until Irene was running away and no longer a threat.

Irene was running down Parker Street when Rodriguez drew his .40-caliber Smith &Wesson semiautomatic pistol and fired at him.

The bullet passed through Irene's body narrowly missing his spine and major arteries.

He was taken to Lawrence General Hospital then airlifted to Brigham and Women's Hospital were he underwent surgery.

Police charged Irene with armed robbery and assault with a dangerous weapon.

Rodriguez was charged with armed assault with intent to murder, assault and battery with a dangerous weapon, and discharging a firearm within city limits.

Rodriguez told investigators immediately after the shooting that he did not deliberately try to hit Irene and only shot to scare him, police said.

Romero said yesterday he was not surprised the grand jury did not indict Rodriguez, but said it would be up to Methuen police Chief Joseph Solomon to decide whether to restore Rodriguez's license to carry firearms. Methuen issued the gun license originally.

(More)

In many states, this action by Rodriguez would probably be prosecuted.

Taunton, Massachusetts

From the March 26, 2007 South Coast Today:

TAUNTON - A jury found Charles D. Chieppa, 57, not guilty of second-degree murder for the killing of a suspected burglar in 2004.

Jurors needed just over 3½ hours to return the verdict in a case where all parties say intent was the most crucial issue.

Mr. Chieppa remained impassive as the verdict was read. His family members, who filled up one side of the gallery, hugged each other and pulled out cell phones to share the news after court was dismissed.

The family of the slain burglar, Frank Pereira Jr. reacted in a manner just as emotional. His father, sisters and long-time companion wept at the verdict. As they exited the courtroom, sister Missy Cimbron yelled “you (expletive deleted) murderer” in Mr. Chieppa’s direction. Once outside the courtroom they pleaded with a victim witness advocate for any further legal recourse.

Defense Attorney Kevin Reddington packed up a box of evidence with Mr. Chieppa as the courtroom emptied out. Picking up the weapon Mr. Chieppa shot Mr. Pereira with, a semi-automatic Walther P38 handgun, he said “I’ll hang on to this for now.”

Earlier today witnesses in the case have said Mr. Chieppa awoke at about 4 a.m. June 17, 2004, to the sounds of an intruder in his 134 Ashley Blvd. home. After waking a tenant who rented a second-floor apartment, Mr. Chieppa went to his backyard with a semi-automatic handgun, according to testimony. There, he encountered Mr. Pereira, 24, who had apparently broken into Mr. Chieppa’s basement, according to testimony in the case.

Mr. Pereira was seen fleeing from Mr. Chieppa’s yard before collapsing in the street with a fatal bullet wound, witnesses said.

The intent behind that shooting took center stage in court today, with the prosecution saying it was anger, the defense saying it was fear, and Judge E. Susan Garsh telling jurors that whatever they decided about Mr. Chieppa’s motive would determine whether he faced murder or a lesser charge.

In his closing argument, prosecutor Bill McCauley said the circumstances behind the shooting show Mr. Chieppa’s intent. He pointed out that the defendant fired four rounds, and that the state Medical Examiner’s Officer determined that Mr. Pereira was shot in the back. Of the two shots that hit him, the fatal one entered through his back and exited his chest.

“This was anger, this wasn’t fear. He reacted that night in anger, it wasn’t fearful,” he said.

The prosecutor accused Mr. Chieppa of choosing to “take the law into his own hands,” saying he “decided if there was going to be a problem in his property, he would take care of it.”

Additionally, Mr. Chieppa’s tenant heard him yelling, swearing and asking if Mr. Pereira was trying to break into his house, Mr. McCauley said. However, that witness gave several accounts of the shooting in court last week, prompting Judge Garsh to later say his testimony was damaged.

As he has throughout the trial, defense attorney Kevin J. Reddington told the jury today that his client, a decorated Vietnam veteran, believed he was in mortal danger and that he was protecting himself when he fired on Mr. Pereira.

“When you consider his state of mind, when you consider the circumstances, this was a justifiable homicide by a citizen protecting himself,” he said.

Lawrence, Massachusetts

From the Lawrence Eagle-Tribune of January 27, 2007

Owner foils attempted shoplifting

A man caught attempting to steal two bottles of liquor from a Broadway package store was held at gunpoint by the store clerk until officers arrived, police said.

Officers were sent to Broadway Liquors, 103 Broadway, about 10:10 p.m. Thursday and told the owner, Vipul Patel, to put his gun away.

(Reading further requires a subscription)

Walpole, Massachusetts

From the Waltham Daily News of August 7, 2006

Bullets scare off intruder

Police are looking for a man who broke into an Everett Street home Saturday and then fled when the homeowner’s son opened fire on him.

The gunfire broke out at 5 Everett St. at about 9:15 a.m. Saturday when the homeowner’s 30-year-old son came by to check on the house while his parents were away, Deputy Police Chief Scott Bushway said yesterday.

Police haven’t released the name of the homeowner or his son and no one answered the doorbell at the three-story Everett Street home yesterday afternoon.

But when the homeowner’s son walked into the house Saturday, he spotted an unidentified man inside, police said. When the intruder grabbed a knife out of the kitchen, the son pulled out his own firearm and shot at the burglar twice, said Bushway.

Instead of hitting the intruder, the bullets lodged in the wall and floor of the house. But the gunfire was enough to scare away the man, who ran out of the house, Bushway said.

Police are investigating the break-in and looking for the intruder, but Bushway would not release a description of the man yesterday.

No charges have been filed against the son of the Everett Street homeowner, who does have a permit to carry a firearm, Bushway said.

Massachusetts General Law 278, s.8A, also known as the Castle Doctrine, states that occupants of a dwelling are allowed to defend themselves, using "reasonable means" if the occupant has reason to believe that an unlawful intruder intends to harm him.

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.

Boston, Massachusetts

From the Boston Herald of May 6, 2005

Druggist blasts away at pistol-packin’ thief

A gun-toting pharmacist - beloved by paying customers for his friendly banter - opened fire on an armed OxyContin robber as the two swapped lead instead of cheery hellos yesterday afternoon.

No one, including two workers and a customer who were in the store at the time, was injured.

Lawrence Maida Sr.'s pharmacy is just one of dozens hit in recent years by armed robbers looking for so-called ``hillbilly heroin.'' Cops say Maida's store has been robbed several times before, and this is not the first time the second-generation druggist has used a gun to run off bandits.

Maida is licensed to have the gun, and will not face charges for the shooting, police said.

``What do you want me to charge him with, being a victim?'' asked one cop.

``These people nowadays will kill you,'' said Rosemary Maida, who said she can't recall how many times her husband has shot at robbers. ``I try not to think about it. It's better than having someone kill your husband.''

Police said just before 3 p.m. yesterday a robber wearing a ski mask, ball cap and a hoodie, walked into the Massachusetts Avenue shop with a gun drawn.

``He came in ready to rob the store,'' Lt. John Serson said. ``He announced that it was a robbery. The owner drew his gun and between three and four shots were exchanged. The robber left, without the OxyContin.'' He is believed to have bolted in a black Cadillac.

Gee, a shred of sanity in a blue state.