Posted on 01/04/2005 2:29:19 AM PST by kattracks
NEW BEDFORD, Mass. -- A man who shot and killed another man on his property has been indicted for second-degree murder, according to prosecutors. The grand jury indicted Charles D. Chieppa, 56, for the July 17 shooting of 26-year-old Frank Pereira Jr. with a rifle.The fatal shots were fired near Chieppa's property just before dawn. By sunrise, motorists drove past Mr. Pereira's body, honking their horns and shouting in support of the shooting, the Standard-Times of New Bedford reported.
Chieppa, a Vietnam War combat veteran, lived in his parent's old home and largely kept to himself, neighbors said.
The home was next to Alfie's bar, which is known for drug dealing and prostitution. Pereira had snatched a purse from an Alfie's patron just hours before he was shot, police said.
Police had initially said the shooting happened when Chieppa confronted a burglar breaking into his home around 4 a.m. A day later, detectives acknowledged that they were investigating whether Pereira had actually entered the house before Chieppa opened fire.
[snip]
"My son didn't deserve to die the way he did, even if he was trying to break in," said Evelina Salgueiro, the victim's mother. "You don't shoot someone in the back like that. He was shot in the street."
(Excerpt) Read more at boston.com ...
State law varies widely. As many posters have already noted, it's pretty much open season in Texas on perps. In other states, you have a DUTY to try to flee your own home during a nighttime home invasion before resorting to pulling the trigger. It varies that widely.
Check it out. Get informed, or you may be going to prison for shooting a bad guy.
???
How did trespassing come into play? People here are writing about stopping crimes in progress.
Excellent advice...
Don't be sorry.
According to the masturbatoty posts here regarding the evil Texas "law," you can shoot someone without warning for trespassing at night, and there will be no negative consequences.
And trespassing is a crime. Did you see the thread about the guy who shot the people who were T.P.-ing his house? Did you read the impassion defenses by many FReepers of that indefensible act?
Trespassing gets a bit sticky.... Here in Texas, we have problems with armed poachers trespassing to kill game... These folks are not normally a threat to the land owner, but the potential is always present.... This comes under the rattlesnake clause.... "Officer, I didn't kill him...that damn rattlesnake did....."
Now, did not we all see the TV coverage of the trespassing poacher that shot five.....?
I think the reason it was added is to show that the Man who shot the criminal was an upstanding citizen who served his country. Not to paint him as a brutally violent murderer. Further, the kids mother should find out if he died with his eyes open. If so, he deserved it.
Yes he did........he should not have been on someone elses property in the middle of the night and trying to break in!!
Ping
I must agree.....
This is only one reason why we must use deadly force as a last resort and be able to prove it. It's easy to "forum talk" this issue, but the reality is when faced with life or death, a sober mind and superior shooting skills will save one's family and lives.....
The other reason is we must live with the fact that we have taken a life....and...if there is any doubt in our minds as to the legitimacy of our actions...we will suffer.....possibly for eternity....
No it is not.
Why is it that just mentioning Texas seems to piss some folks off? GRIN............
another Grin....
Now, if that trespasser is trying to steal something or commit one of the other defined crimes, then it becomes a deadly force situation.
Teach you children well my friend..... TPing a house is Malicious Mischief....... although I would never use deadly force or even force to deal with this petty crime...
Still...teach your children of the dangers of nighttime mischief in Texas..... (there he goes again mentioning Texas......GRIN)
Why the special note; "at night" in the law?
Do you happen to know what the laws are in GA? There was a case here a few years ago where a business owner had repeatedly had his warehouse burglarized. He eventually started camping out in the warehouse with a shot gun to catch the group.
He did catch the group in the act but had to shoot them since they would not give themselves up. The owner was charged and I believe it was under a "stalking" provision - supposedly you cannot use deadly force if you lay in wait for someone even if it is to prevent repeated burglaries.
I think one guy died and one was paralyzed.
This staute was enacted when cattle rustling was a huge problem in Texas...it normally happened at night...sadly rustling is still with us...... Any person committing a crime in the nighttime is assumed to be an even greater threat than one in the daylight.... The reason is the nighttime criminal has the advantage...while we sleep.....creepy..huh?
Does that mean then, that a similar circumstance....during daylight....would give the perp family's lawyer a wedge ? (not that they can't make one up!)
I'll be asking this question in the CCW class I am planning to attend this weekend.
Gee, I wonder if John F. Kerry ("Reporting for duty!") will speak out in defense of one of his 'band of brothers'?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.