Marine Accused in Shooting Pleads Innocent -- decorated Marine Daniel Cotnoir

Associated Press ^ | August 16, 2005 | DENISE LAVOIE

[Former Military Chick]

LAWRENCE, Mass. (AP) - A decorated Marine accused of firing a shotgun at a crowd of club-goers pleaded not guilty Monday to attempted murder and other charges and was ordered to be evaluated at a state psychiatric hospital.

Daniel Cotnoir was named ``Marine of the Year'' last month for his service as a military mortician in Iraq. A mortician by trade, he prepared the bodies of U.S. soldiers for burial and says the job took a heavy psychological toll.

Police said he pointed a 12-gauge shotgun out the window of his second-floor apartment and fired a shot at a crowd of noisy people leaving nearby nightclubs early Saturday. Two people were treated at hospitals for leg wounds and released.

Cotnoir, 33, a father of two daughters, told police he feared for the safety of his family after someone threw an empty juice bottle through his bedroom window.

``It was never this man's intention, as he tells me, to hurt anyone,'' said his lawyer, Robert Kelley. ``It was only his intention to fire a warning shot when he was placed in a threatening situation.''

A prosecutor said club-goers had seen Cotnoir standing with his gun at the window over his family's funeral home, but thought the weapon was fake.

Cotnoir was charged with two counts of armed assault with intent to murder, two counts of assault and battery with a dangerous weapon, and one count of discharging a firearm within 500 feet of a dwelling.

He met Monday with a court-appointed psychologist, and then Judge Thomas Brennan ordered him evaluated at a state hospital. Another hearing was set for Sept. 2.

Last month, Marine Corps Times chose Cotnoir over 180,000 other candidates for its annual Marine of the Year award.

Cotnoir, now a reservist, told the Eagle-Tribune last month that he was getting counseling at a veterans hospital.

``It's a lot harder to talk about the job now than it was at the time to actually do it,'' he said. ``The stories I've gained from my deployment aren't the kind of stories you share.''

The shooting victims were identified as Lissette Cumba, 15, and Kelvin Castro, 20.

Cumba's cousin, Stephanie Tejeda, who was in the crowd that night, described seeing the shotgun muzzle poking through the window.

``I just thought he wanted to scare us to get away from the area,'' said Tejeda. ``Who shoots at an open crowd?''

Tejeda said she does not want to see Cotnoir go to prison.

``I just think he should get help. That's how I see it,'' she said.

James Stokes, a retired minister who went to school with Cotnoir's father, said he does not believe Daniel Cotnoir was trying to kill anyone.

``This man is a wonderful person,'' he said. ``Something might have happened when he came back from Iraq. ... He's out there picking up body parts,'' he said.

Also on Monday, an Iraq war veteran appeared in court in Las Vegas to face charges of using an assault rifle to kill a woman and wound a man in an alley.

An attorney for Matthew Sepi, 20, said he acted in self-defense and should be eligible for psychological treatment.

Sepi, an American Indian from Winslow, Ariz., moved to Las Vegas after being honorably discharged as an Army specialist in May. Sepi told police he pulled an assault rifle from beneath his coat and reacted when he was ambushed in the alley.

[Former Military Chick]

Here is the thing, he has the right to shoot a warning shot, as long as his weapon was registered. I frankly would have called the authorities to ensure that nothing unfortunate to happen.

If in fact someone was injured by his actions, that concerns me.

Further, to even suggest it is post war syndrome has me curious.

Perhaps I need to be more understanding. Your thoughts?

[Drew68]

See also Marine held in shooting (Massachusetts)

Personally, it appears that he reacted to a threat after a bottle was thrown through his window. PTSD? I ain't buying it.

[Drew68]

See also Marine held in shooting (Massachusetts)

Personally, it appears that he reacted to a threat after a bottle was thrown through his window. PTSD? I ain't buying it.

[Texas_Jarhead]

"Cotnoir was charged with two counts of armed assault with intent to murder..."

Get outta town

[Former Military Chick]

US Marine pleads not guilty in nightclub shooting

US Marine pleads not guilty in nightclub shooting

15 Aug 2005 21:00:56 GMT

Source: Reuters

(Updates throughout after court hearing)

BOSTON, Aug 15 (Reuters) - A U.S. Marine who was named "Marine of the Year" last month for his service in Iraq pleaded not guilty on Monday to attempted murder after he opened fire on a crowd outside a Massachusetts nightclub, wounding two people.

Daniel Cotnoir, who has been treated for post-war stress since serving in Iraq where he worked as a mortician preparing bodies of U.S. soldiers for burial, was accused by police of firing a shotgun from a window of his apartment in Lawrence into a group of revelers early Saturday after having complained to police about the noise.

Two people were injured in the incident.

At a Monday court hearing Cotnoir pleaded not guilty to two counts of armed assault with intent to murder, two counts of assault with a dangerous weapon and one count of illegally discharging a firearm, his lawyer, Robert Kelley, said.

He is being held without bail for 20 days at Bridgewater State Hospital where he will undergo psychiatric tests to see if he is fit to stand trial, Kelley said.

Cotnoir felt threatened by the crowd after a bottle thrown from below crashed through his closed window and cut him in the finger, Kelley said.

To protect himself, his wife and children, Cotnoir fired a warning shot into what he thought was a safe area but the bullet ricocheted off cement and fragments hit two people, Kelley said.

The veteran was recently voted Marine of the Year 2005 by the Marine Corps Times for being an "'everyday hero' who exemplifies outstanding professionalism, concern for other service members and community service."

In an interview with a local newspaper, Cotnoir described collecting bloodied body parts of dead soldiers after blasts in Iraq and said he had sought counseling at a veterans hospital after returning home because his war-time job took a heavy psychological toll on him.

[Former Military Chick]

hey TJ,is it that you are shocked or not worthy of him being arrested.

I am one who will wait, but, frankly what I have read concerns me a great deal.

[ApplegateRanch]

If the pellets indeed richochetted into the "victims" then there was no intent to "murder" the rioting scum who threw a bottle into his second story aprtment window.

Actually though, the ones who need to prosecuted are the damned enablers who allow this kind of crap to go in the streets, and then make excuses for it, while prosecuting anyone who objects.

[Texas_Jarhead]

It's that from what little I've read "intent to murder" seems like a stretch to me.

[Former Military Chick]

I believe everyone deserves the benefit of the doubt it is our system.

But, if the facts are as they have been written, he used bad judgement. It is just my humble opinion.

A young girl was injured. Not severely and he was lucky it was not severe.

But, to already have the "Iraq Syndrome" entering the mix, it seems he might know what he did had consequences that now he is blaming his service in Iraq. That would be low. Again, imho.

[vrwc0915]

Don't know about his intent or if the media report is accurate but two things:
1. This Man had a VERY difficult job and did it with honor, no matter what comes of this we owe this man thanks for his service
2. I am sick of prosecutors overcharging in order to pressure plea bargains or perhaps this prosecutor is just a traitor to his country and when he saw Marine + Gun went nuts with joy

[Drew68]

``Something might have happened when he came back from Iraq.

What happened was that he returned from Iraq to a neighborhood where thugs hang out late into the evening playing music and generally menacing the residents. When he confronted them about it a bottle came flying through his window and he reacted. He fired a warning shot and shotgun pellets ricocheted grazing two bystanders.

His attorneys are playing the "PTSD" angle because that's the only way they'll be able to save him from a lengthy prison sentence in the wonderful state of Massachusetts.

I would bet money this is exactly how it happened.

[Former Military Chick]

Indeed, sometimes our prosecutors are just way to zealous. I am condoning the actions of the club goer's. But, I just do not think that is the appropriate solution.

If he had called the cops, they refused to show, I might go down that road, but I generally give the cops a call when I have loud folks disturbing the peace and leave or shot gun and gun in their cases.

Just me. Thanks for the comment, sir.

[A CA Guy]

In the population, a certain number will turn out to be rapists, illegal drug users and bank robbers. You can't blame their choices as an excuse on their military service though.

[DJ Taylor]

With no more information than was made available here, I would guess that this was more of an anger management issue than PTSD. However, being that this incident occurred in the People's Republic/Commonwealth of Massachusetts, he'll probably get more sympathy from the courts as a war damaged veteran than he would ever get as a pi$$ed off Marine. So I expect his attorney to advise him to go the PTSD route.

[mylife]

"Also on Monday, an Iraq war veteran appeared in court in Las Vegas to face charges of using an assault rifle to kill a woman and wound a man in an alley." "Sepi told police he pulled an assault rifle from beneath his coat and reacted when he was ambushed in the alley."

WTF? a coat in mid aug in AZ? With a rifle hidden in it?

[Americanexpat]

The prosecutors are throwing sh*t up against the wall to see what sticks.

[mylife]

Sorry, I meant NV but still the question stands..WTF?

[vrwc0915]

Monkeys do the same thing.
I will leave the conclusions up to the the FR's

[<1/1,000,000th%]

You can shoot a bullet from a shotgun now?

[Former Military Chick]

The attempted murder may be excessive but I like many other's had to deal with the court system, sometimes they over charge, do not agree with it but they hate to boost up the charge, it is easier to downgrade the charge. But, his actions were reckless. He chose not to call the cops, and chose to fire where he thought/assumed it would be safe.

If one is going to use their weapon, than one has to accept the consequences. It appears that he chose to shoot a gun, that should not have been shot, one of the counts against him.

Frankly just got done arguing with beloved on this, No Longer Free State. I am in the minority in my house as well.

Have to tell you, if I chose to shoot my firearm in college, goodness gracious you would not be reading my online thoughts.

He is damn lucky the injured weren't severe.

If he had been followed for PTSD, it seems he might have put his weapon in an area that was not easy to get to, PTSD can make a person depressed or worse.

But, hey, the slippery slope, if you are angered, make a stupid choice, shoot than blame your service in Iraq.

Gosh, do I feel alone in this thought.

FMC