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 ...
The rules for self-defense are:
1. You MUST have a REASONABLE belief of:
DEATH, INJURY, or SERIOUS BODILY HARM that is IMMINENT or ABOUT TO HAPPEN!
2. You CANNOT plug someone over property...EVER! Call 9-11 and then call your insurance company.
3. With modern forensics, it is highly INADVISABLE to plug a turd and drag them back inside. Luminol can dicipher blood splatter marks.
I teach NRA firearms safety and listen to a lawyer give his legal brief every WEEK! You violate those rules for self-defense, expect to get charged.
REMEMBER: DEATH FORCE is A SHOT(s) FIRED! Whether you MEANT to hit them or NOT!
If you PULL your weapon EXPECT the cops to show up.
If you SHOOT someone, here is what you MUST SAY to the cops:
1. I WAS SCARED FOR MY LIFE. I was OHHHHH so SCARED!
2. HE/THEY/SHE said that they were going to M*****F*****ING KILL me.
3. I WILL NOT SAY ANOTHER WORD UNTIL I SPEAK TO A LAWYER!
Folks, you have CONSTITUTIONAL RIGHTS, USE THEM!
You Sir are simply wrong... These laws are differ from state to state...and let me be clear....I do not advocate "plugging" someone for criminal mischief...
I said, it is a defense to prosecution.......in Texas. This does not mean the shooter gets a free pass to kill or maim. Utilizing a weapon for any reason carries a full host of responsibilities and the ability to make that split-second life-saving decision.
This reasoning reminds me of the family members of the little arson sociopaths who started that fire and killed a security guard over the holidays. I can understand grief over the outcome of their children's behavior. What I can't understand is defending their actions.
My point is, that if someone is walking out of your house carrying your TV, and NOT threatening you, and you shoot them, expect the worst. The definition of Self-Defense is pretty clear from state-to-state. If you don't believe me, and I always tell people to do their own research, ask any lawyer.
Now, if they have the TV in their hands and try to THROW it at you and you are close enough to be injured, that's another story.
But shoot-outs over JUST PROPERTY? Better call a lawyer, you're getting arrrested.
Ah, a Vietnam combat veteran. Must be guilty of any violent crime; no need for an expensive trial.
Why is this irrelevant fact in paragraph 3?
After almost 40 years, I'd like to be used to this, but it still rankles...
Ever see an article about a crook that said "...a former antiwar protestor..." Thought not.
michale do ka ka's. A governor of the baldacci mold.
Just search for PC 9.42.....or search for Protection of Property.
Quote:
A person is justified in using deadly force against another to protect land or tangible property, moveable property: (2) when and to the degree he reasonably believes the deadly force in immediately necessary: (A) to prevent the other's immenent commission of arson, burgulary, robbery, aggravated robery, "theft during the nighttime:, or "criminal mischief during the nighttime" (B) or to prevent the other from fleeing immediately after the committing arson, burgulary, robbery, aggravated robery, "theft during the nighttime" from escaping with the property; and (3) he reasonably believes that: (A) the land or property cannot be protected or recovered by any other means; or (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
I will also add that if one needs this defense, one needs an attorney...quick!
I do not advocate the use of deadly force to stop someone from stealing my TV...but if he threatens my family or me....it's go time.....
"No good deed gors unpunished".
Don`t know about that but prominent politicians driving off bridges while drunk have special exclusions when a death results.
Let's fix this:
michale do ka ka's, a governor who served as Baldacci's model.
;O)
That was Dukakis. And that's not anecdotal, I lived in Mass at the time and remember the uproar it caused.
As for New Bedford, isn't that Barney's district?
It was a Portugese fishing town in the 80's but was fast being overrun by illegals and Columbians, with a big coke trade.
In TEXAS, after dark, deadly force can be used to protect PROPERTY. Sorry, it just is.
These statutes were enacted when cattle rustling in Texas was prevalent....guess what?... Cattle rustling and poaching are again a problem in Texas......
The law stays on the books for a reason.....
When convicted I hope his family file legal action to charge the prosecutor with second degree murder.Oh --
es verdad- they no longer allow the death penalty in America
Is unlawful imprisonment a crime in America today?
Thanks for your informative reply.
Just out of curiosity..if someone tries to hurt my dog,I can't shoot him unless " He was coming at me, my dog was trying to protect me, he tried to get my dog so he could get me next...so I shot him." Would that work ?
Check your state's deadly force statutes... In Texas, your dog is your property.....
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