MA - Dylan Francisco, 15, mistaken for intruder, fatally shot, Chicopee, 16 July 2016

[Lilibet]

Agreeing 100% w "...if someone owns a gun and intends to use it if someone breaks in, they first need to be determined to do what they can to stay safe without using the gun. It should be a last resort, and only used if the person actually enters the house..." bbm

If we differ, it's likely in our interpreting 'immediate threat.' When is threat immediate?
A. After perp broke a glass pane in outer door but is still on porch? No, IDT that is immediate (enough) threat.
B. Only after perp has invaded house and killed other resi? No, I think immediate threat was at some pt before that.
IOW, immediate threat is somewhere in between those two, but IDK where that magical point is. And 'no threat' can accelerate to 'immediate threat' in a matter for seconds.

Should have been clearer. I've learned lots on W/S. Thanks for expressing your thoughts. Welcome to respond or not. :happydance:

Thanks for clarifying. I certainly agree with you that "immediate threat" lies somewhere between A and B. That's a very good point that "no threat" can escalate to "immediate threat" very quickly. That's really a crucial part of this discussion.

This is good to talk about because it makes me think about what I would try to do in a similar situation. For a gun owner (which I'm not) it's especially important that thinking ahead should really include a clear understanding of their personal viewpoint about taking a human life. Killing someone with a gun is so much quicker and easier to do than with whatever method I might have to use. It's easier to impulsively make the wrong decision (morally or legally). Is the person with the gun going to "shoot first and ask questions later" (like this guy) or use the gun only as a last resort if the person enters the house and it's clearly a "kill or be killed" situation...or somewhere in between. I think that if people haven't seriously examined how they feel about the value of a life they are likely to jump quickly to a "kill or be killed" reaction. That's their choice, but the law rightly frowns on that.

And that's the situation this guy finds himself in. I'm pretty sure he's not a cold-blooded killer, although I wouldn't want to be his neighbor. He's probably devastated about killing this kid. He's probably going over "coulda, shoulda, woulda" 24/7. And I do feel for him. But a family lost a son and brother because of his knee jerk reaction. Excusing this killing just because the kid was drunk and stupid and stuck his arm through the broken window doesn't seem right to me. JMO

I'm interested in your thoughts about my ramblings if you feel like responding.

 

[bluesneakers]

Chicopee man accused of shooting, killing teen appears in court

A Chicopee man accused of shooting and killing a teenager was arraigned Wednesday morning on a manslaughter charge.

Jeffrey Lovell, 42, was arraigned in Hampden County Superior Court on a manslaughter charge. He pleaded not guilty to that charge.

Lovell was originally charged with murder in the case, but a grand jury indicted him on a manslaughter charge instead.

[snip]

While the defense claims self defense, excessive force can lead to a manslaughter indictment.

"Even when there is self defense, a person can be defending himself in a way we call 'over the top' and in this case, the grand jury made a determination based on all the facts they were given," Velazquez added.

The prosecution will now go ahead and try to convict Lovell of manslaughter.

"We know the 15 year old teen was not armed, and we know the defendant in this case knew that, but he shot him through a glass door when he could see through that door," Velazquez explained.

There is no minimum mandatory sentence for manslaughter in Massachusetts. Convictions carry a sentence of not more than 20 years in state prison or a fine of not more than $1,000, and imprisonment in jail or house of correction for not more than two and a half years.

 

[bluesneakers]

Bail set at $10K for Jeffrey Lovell, charged with manslaughter in fatal Chicopee shooting of teen mistaken for burglar

Jeffrey Lovell, the 42-year-old Chicopee man charged in the fatal shooting of a Springfield teen, denied a manslaughter charge Wednesday in Hampden Superior Court.

...

Judge Mark D. Mason set bail at $10,000 cash or $100,000 surety for Lovell. If bail is posted, conditions of his release are he stay away from the family of the victim, remain alcohol free with random testing, be subject to GPS monitoring, surrender his passport and not possess any firearms or ammunition.

 

[JusticeWillBeServed]

Trial date set for Jeffrey Lovell, charged in fatal Chicopee shooting of teen mistaken for burglar

http://www.masslive.com/news/index.ssf/2017/03/trial_date_set_for_jeffrey_lov.html

A trial date of Sept. 8 has been set for for Jeffery Lovell, charged with manslaughter in the shooting death of a teen he believed was trying to break into his home.

Lovell, 43, was charged in connection with the July 16 fatal shooting of 15-year-old Dylan Francisco. He is now free on bail, which was set at $10,000 cash or $100,000 surety at an earlier arraignment.

He was in Hampden Superior Court Monday for a pretrial hearing, when the trial date was set in addition to a final pretrial conference on Aug. 10. In the courtroom were more than a dozen people wearing "Justice for Dylan" t-shirts.

 

[al66pine]

Trial date set for Jeffrey Lovell, charged in fatal Chicopee shooting of teen mistaken for burglar. http://www.masslive.com/news/index.ssf/2017/03/trial_date_set_for_jeffrey_lov.html

JWBS
Thanks for ^ link to keep us & thread updated.

 

[bluesneakers]

Trial postponed for Jeffrey Lovell, charged in fatal Chicopee shooting of teen mistaken for burglar

Lovell, 43, is charged with manslaughter in the July 16, 2016 shooting death of 15-year-old Dylan Francisco, a teen he believed was trying to break into his Chicopee home.

The new trial date is Nov. 27. Assistant District Attorney Henry Rigali said Thursday it is difficult to know when the lab materials will be ready.

Asked after what was scheduled to be the final pretrial conference what the lab materials are, Rigali said he couldn't say.

 

[Maroon10]

Guns!

 

[JusticeWillBeServed]

http://www.masslive.com/news/index.ssf/2017/11/lawyer_for_jeffrey_lovell_char.html

The trial date for Jeffrey Lovell, the Chicopee man charged with manslaughter in the fatal shooting of a teen he mistook for a burglar, has been postponed from Nov. 27 to Jan. 12.

 

[JusticeWillBeServed]

http://www.masslive.com/news/index.ssf/2018/01/jeffrey_lovell_his_wife_and_da.html

The defense and prosecution in the case of Jeffrey Lovell, the Chicopee man charged with manslaughter in the fatal shooting of a teen he believed was a burglar, argued pretrial motions before a judge Thursday.

Jury selection is scheduled to begin Jan. 24 in the case before Hampden Superior Court Judge Constance M. Sweeney.

At Thursday's hearing -- attended by six people supporting Lovell, and six of Francisco's family members -- Sweeney issued rulings on whether certain proposed evidence can be used at trial.

 

[JerseyGirl]

Manslaughter trial of Chicopee man set to begin

http://wwlp.com/2018/01/21/manslaughter-trial-of-chicopee-man-set-to-begin/

 

[JusticeWillBeServed]

Judge, not jury, will decide verdict in Jeffrey Lovell Chicopee manslaughter case

http://www.masslive.com/news/index.ssf/2018/01/jeffrey_lovell_opts_to_have_tr.html

On Wednesday, as jury selection was scheduled, defense attorney Frank Flannery told Hampden Superior Court Judge Constance M. Sweeney Lovell wanted a jury-waived trial.

Sweeney will start the trial Thursday. She will go on a view of Lovell's house, where the 44-year-old shot and killed Dylan Francisco, 15, on July 16, 2016.

 

[JusticeWillBeServed]

Jeffrey Lovell had no justification to use deadly force in Chicopee shooting, prosecutor says

Nothing about 15-year-old Dylan Francisco's actions justified Jeffrey Lovell's use of deadly force as the teen knocked on the door of his Chicopee home, a prosecutor told a Hampden Superior Court judge Thursday.

Lovell, charged with manslaughter in the July 16, 2016 fatal shooting of the teen he believed was a burglar, was not in reasonable fear of imminent serious bodily injury or death to himself or his family, Assistant District Attorney Karen J. Bell said in her opening statement.

Door through which 15-year-old Dylan Francisco was fatally shot brought into Springfield courtroom in manslaughter trial

Chicopee Police Officer David Rivera testified that when he and two others officers arrived at Lovell's house shortly before 1 p.m., Francisco was on the ground rocking back and forth in pain and saying he was going to die.

Rivera said the gunshot wound was in the chest.

"We tried to comfort him. We tried to talk to him," Rivera said.

 

[JusticeWillBeServed]

Jeffrey Lovell found not guilty of manslaughter in fatal shooting of teen mistaken for burglar

Hampden Superior Court Judge Constance M. Sweeney on Tuesday found Jeffrey Lovell not guilty of manslaughter in the fatal shooting of a teenager he believed was a burglar.

Chicopee manslaughter defendant Jeffrey Lovell testifies he fatally shot 15-year-old Dylan Francisco to protect his own family

Wife of Chicopee manslaughter defendant says she was 'scared to death' as teenage shooting victim pounded on door

'I just didn't want anybody to come into the house,' Chicopee homeowner who shot teen told police

 

[JusticeWillBeServed]

DA says family of teenager shot dead by Chicopee homeowner got neither answers nor justice; 2 lawyers say self-defense reasonable

http://www.masslive.com/news/index.ssf/2018/01/hampden_da_family_of_teen_dyla.html

"My thoughts and sympathy remain with Dylan's family, who will forever struggle with the senseless loss of a child," Gulluni said. "I would like to thank the Chicopee Police Department, the Massachusetts State Police Detective Unit assigned to my office and Assistant District Attorney Karen Bell for their professionalism and excellent work with this case."

Jared Olanoff, a lawyer practicing in Hampden County, said it is clear from this verdict that the judge found that Lovell's use of self-defense or defense of his family was reasonable.

"This tells us four things: (1) that Mr. Lovell actually believed he was in immediate danger of death or serious bodily harm, (2) that a reasonable person in his position would have believed he was in immediate danger, (3) that Mr. Lovell did not have a duty to retreat, and (4) that he was justified in using deadly force," Olanoff said.

 

[Chi83]

This is very sad. I assume this jerk will be permitted to have guns and shoot them whenever.

I would not feel safe with him as my neighbor. Poor Dylan's family.