Posted on 08/15/2005 5:38:04 PM PDT by 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.
Warning shot Schmorning shot..
He may have been justified as I said ealier in as much as the crowd may have been considered threatening and it is unresonable under certain cercumstance (nightfall) to be able to determine if threatening people are armed.
However, the Man did not shoot to kill and the crowd was not on his property, tho they did threaten his property by throwing the bottle.
Its a very gray area.
Best to know what you rights are and always use a Gun as a last defense...And shoot to kill
I would never argue that he should not be held to account for his actions but I don't want to see him railroaded either.
"A coat in mid aug....?"
Late at night maybe? The desert can get cool at night.
It seems like a lot of posters here are underplaying the bottle, his broken window and cut finger, with kids inside. Plus if he shot at a wall or something and it was a ricochet, with bird shot, it could be considered an accident. - IMHO
Need more info.
Shotgun pellets skipped off of pavement are a great crowd disperser, with lower leg wounds of a superficial nature not uncommon.
If he had meant to kill or severely injure people, I am sure he was capable of doing either if the need arose.
Imho, this is aother 'Vietnam flashback' by the media, attempting to draw another parallel. The attorneys are not helping much. When people (especially a mob) start throwing bottles through windows, you are right to be concerned for the welfare of your family.
A caller this morning on Blute/Scotto claims to have known Dan for many years and added many more details. EG: The owner of the next door pub was a brother of a local cop. There have been many many calls over the years, pre-dating Iraq or perhaps even Dan becoming a Marine.
Into a crowd of passersby? Not at all. Generally, you have a right to defend yourself from an imminent deadly threat. However, it is hard to see how that would apply to a situation where a crowd of people were under your window and you decided to fire near that crowd.
Probably not attempted murder, though. He'll plead down to something like endangerment.
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