WTF

Chicopee Man Who Shot And Killed A Drunk 15 Year Old Knocking On The Wrong Door Was Obviously Not Acting In Self Defense

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A lot of people have been talking about this story out of Chicopee, in which a man killed a drunk teenager who was looking for his friend’s house, but didn’t realize he was knocking on the wrong door. The man allegedly viewed the teenager as a threat and shot him through the door:

On Saturday, Jeffrey Lovell shot and killed Dylan Francisco, a 15-year-old from Springfield who was knocking on his door at 120 Boucher Circle in Chicopee. Lovell told police his wife woke him up at around 1 p.m. because she believed two people were trying to break into the house. Lovell said he saw Francisco walking around in his yard, and then the teenager started banging on a locked door. The door had three panes of glass in it. Francisco’s knocking broke one of the panes, and Lovell shot him once in the chest.

“Mr. Lovell told this party to ‘get the f–k out’ and ‘stay the f–k out.’ As the … party continued to bang on the door Mr. Lovell stated that the window broke at which time Mr. Lovell raised his loaded S & W (Smith & Wesson) firearm and shot one round through the glass of the door,” the police report states.

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The door has three windows lined up vertically. The top window broke when the boy was knocking on it, said James Leydon, spokesman for Gulluni.

Lovell had called Chicopee police to report a breaking and entering in progress. Officers arrived to find Francisco suffering from a gunshot wound. He was taken to Baystate Medical Center, where he died about eight hours later. Prosecutors said Francisco had gone to the wrong house, probably because he was confused after drinking alcohol with friends. Two other teens were with him at the time of his death; they were unharmed. The 42-year-old was arrested, charged with first-degree murder and held without bail.

The details of the case have raised questions from readers of The Republican/MassLive about the laws surrounding home defense. On Monday, we spoke with legal and firearms experts about the Castle Doctrine, which gives Massachusetts residents the right to use deadly force against intruders in certain situations.

Western New England University law professor Bridgette Baldwin said that, to use deadly force, a homeowner must have a reasonable belief that there is an immediate or imminent threat of grievous bodily harm or death. While cautioning that her knowledge of the Lovell case is limited to media reports, she said the circumstances don’t appear to justify deadly force, but a first-degree murder charge may not be appropriate, either.

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So this is a huge story in the 413 right now. The kid who was killed is homeless and has really gotten a raw deal in life. He didn’t mean to knock on the wrong door but he was obviously drunk and belligerent. And he certainly shouldn’t have to die for it, because we’ve all been young, drunk, and stupid before.

Look, this is pretty simple – the guy who shot him is at fault, but he’s being overcharged with first degree murder. If you want criminals to go to jail then prosecutors have to stop overcharging them. Just ask Marilyn Mosby about that in Baltimore.

Turtleboy has been and will be in favor of gun rights in order for people to protect themselves. But this is exactly the type of person who should not be owning guns. They give responsible gun owners a bad name. If he wasn’t inside of your house then he’s not a direct threat. If you don’t understand what he’s saying because he’s wasted, then you don’t shoot first and ask questions later. You just can’t come up with a scenario in which this guy was legitimately in harm’s way.

It’s just insane when you think about it. If we’re gonna let people shoot random people who knock on our doors then there will be no more Jehovah’s Witnesses or girl scout cookies. And things will be awkward between the mailman and I. What if it was someone in distress who was running away from an actual crime and was looking for help? We’re gonna shoot all these people because……self defense? Give me a break.

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Anyway, just as you can imagine it’s brought out all the patriotic wannabe rambo yahoos:

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“The man only had to fear for his or his family’s life.”

Bullshit. The term “self defense” is to the far right what “hate speech” is to the far left. It’s a vague term that seems to be used whenever it’s convenient. He wasn’t in imminent danger against a 15 year old while he was behind a locked door and two pains of glass. Try again.

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If he legitimately felt like his life was in danger then he has no business owning a gun. Because a rational person would not feel as if their life was in danger.

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Yea, this kid deserved to die for being drunk and knocking on the wrong door. That seems reasonable.

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Yea, the homeowner could’ve been the one lying on the ground dead. Except the teenager didn’t have a gun. And he was safely inside his locked home. Besides that you’re spot on buddy.

The bottom line is that this is an awful tragedy and terrible luck, but it’s not first degree murder. It’s definitely a crime though. When you buy a gun, you’re taking responsibility for your actions with it. You have to follow the law, and you can’t shoot at random people who knock on your door in the middle of the night.

 

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19 Comment(s)
  • September 3, 2017 at 6:04 am

    That is a good tip particularly to those new to the blogosphere.

    Simple but very accurate info… Many thanks for sharing this one.
    A must read post!

  • Ron Boisvert
    May 25, 2017 at 7:03 pm

    In the homeowners defense he did not know the young man’s intent. This of course is the reason he was not justified to shoot. True, the upper door glass was broken but that doesn’t indicate someone breaking in but rather that he wasn’t. I think of how many kids would have been murdered when I was kid for playing baseball. If you’re going to break in, you break the glass closest to the lock so you can reach in and unlock it. As one reader stated, this could have been a kid running from harm. Think back to Jeffrey Dahmer when one of his victims escaped and went to a cop for help. They let Jeffrey take him back only to kill this kid later. Ok, so what if the police response time is 21 minutes and it only takes one second to pull the trigger. To begin with, three pains of glass, one he shot through to hit him in the chest. The kid is banging on the door, not pointing a gun. Three pains of glass make it easy to see if he is pulling a gun, correct? Have you ever tried to bang on a door, break through a door and pull your gun and aim all at the same time? In 21 minutes the bottom window may never had been broken and the door never unlocked, the kid may have gotten tired or passed out, he may have walked away, the police may have shown up early? So the homeowner was inconvenienced. So now he has taken a young mans life, he faces murder charges and even if he gets off it will cost him tens of thousand of dollars not to mention the mental guilt. As a legal LTC holder I do carry concealed on occasion, mostly when I’m out walking late with my girlfriend. Am I looking for a gun fight, hell no, and I’m too darn pretty to go to jail. Have I ever had a gun pulled on me, yes, when I was 11. Have I ever been in a situation where I may have needed to pull my gun, yes. Much like trained martial artist we have an obligation not to engage in needless violence. As a responsible gun owner to pull a gun is the last resort, to pull the trigger and to take a life is unimaginable. Legitimate or not there would to be an emotional and monetary price to pay. I’ve been a gun owner for 51 years, and not once have I had to point it at anyone let alone recklessly shoot someone. This young man died over a $6 piece of glass. For all that believe this kid didn’t deserve to live because he was homeless and drunk, just think, J C Penny was once homeless and a frequent visitor to the Bowery Mission in NY. If he could turn his life around, this kid could have as well. Who knows what he may have become.

  • BobnMic
    July 22, 2016 at 3:07 am

    I have met a few people with a LTC for “Personal Protection and all Lawful Purposes” that have a delusional doomsday scenario(s) lurking around in their twisted sick fucking heads and that they just can not wait to blow someone / anyone away. Anything they do in life always yields a life threat in their minds so they pack everywhere they go. BTW not law enforcement. They want to look like some sort of citizen hero when the dumb asses have no idea that there exists a strong likelihood that if they actually do one of these vigilante Charles Bronson maneuvers they could find themselves:

    A – Killing someone unnecessarily resulting in,

    B – Doing life or heavy time in a State Prison (Death penalty in some states) or,

    C- Getting killed yourself on scene.

    A drunk 15 year old smashing your window with no weapons. Call the Cops! It’s a fucking window! You don’t kill the kid Jesus H. Christ. There HAS to be more to the story or else this guy is one of those gun freaks waiting to pull the trigger. And I’m all for 2nd Amendment rights just not those with mental issues with a doomsday mentality in possession of guns.

    A lot of the before mental nutjobs are Cop wannabes that could not cut the mustard and / or not smart enough. Remember Big Bob’s Liquors in 2008? (no relation) That was legit all day long.

  • anonon
    July 21, 2016 at 10:29 pm

    Middle of night or middle of afternoon? News story states 1PM.

  • Wabbitt
    wabbitt
    July 21, 2016 at 1:50 pm

    This is voluntary manslaughter at the most. You need to prove premeditation to get murder one, Based on the information stated, they don’t have it.

  • Wormtown Refugee
    July 21, 2016 at 7:31 am

    Drunk 15 year old. Middle of the day. Wandering the yard. Breaks a window on the door. Doesn’t go away when warned (before any shot fired). Current climate of social chaos and lawlessness. This is tragic, but I’m sorry, I am on the side of the man protecting his home. Easy for armchair Perry Masons to rationalize why this shouldn’t happen but have you ever been in such a situation? In this current, lawless society?

    • Over reaction
      July 21, 2016 at 10:30 am

      “Current climate of social chaos and lawlessness.”

      You do know the violent crime rate is half of what it was 20 years ago right?

  • Reddog
    July 21, 2016 at 12:07 am

    I agree,there is much for speculation. On the other hand,the man should be able to defend himself,no matter the age of the assailant,or if he was drunk or not. The article said his wife woke him up at 1pm. Was it 1 pm or really 1am? That should make a difference I would think.
    I’m curious about a real lawyers point of view. Know any,like maybe a blonde from the Bronx?

    • Tony
      July 21, 2016 at 5:58 am

      Idk man. Is it really defending yourself to shoot a child through a door?

    • FiestyLawyerLady
      July 22, 2016 at 1:18 am

      I know one but I hear she can be a bit of a bitch… Want the hookup? 😉

      Personally in my opinion there are not enough details yet. However, I highly doubt he will be found guilty of first degree murder. People often misunderstand or interpret law incorrectly. There is murder and homicide. There is criminal homicide and non criminal homicide, (voluntary/involuntary).

      First degree murder in this case? Highly doubt it. His actions were certainly spontaneous, which already negates the first degree murder charge. Non criminal homicide/voluntary manslaughter seems more likely to me.

  • juror seven
    July 20, 2016 at 5:53 pm

    Girls Scout cookies? TB when was the last time anyone had Girl Scouts coming around the neighborhood door to door selling their cookies?

    • ComfortablyNumb
      July 20, 2016 at 7:09 pm

      I had a Girl Scout come to my door this year, her mom was driving her door to door. I live by Webster Square. I bet my friend who lives off Hamilton didn’t have any show up though.

      • RideTheLightning
        July 23, 2016 at 11:30 am

        Last time I checked girl scouts and Jehovahs don’t break your windows at 1 am while drunk. This happened in chicopee not the safest place in the world and with all the crazy things going on in the world today can you blame the guy for thinking someone was going to potentially harm or kill himand his family when he wakes up to his windows being broken at 1 a.m. ?

  • John Galt
    July 20, 2016 at 5:15 pm

    The broken window will be the key to his defense. B & E without the E.

  • CF
    July 20, 2016 at 4:12 pm

    I dooubt there would be any complaints if Jehovah’s stopped knocking.

  • tngsucks
    July 20, 2016 at 4:09 pm

    If the defendant had a badge TB would be all over the criminal not following orders. The kid was illegally drunk and breaking into a residence after being told to stay away. I do feel sorry for the kid and I understand he may have been given a difficult hand to play in life but no one feels sorry for the junkie getting electrocuted stealing copper so this is the same thing.

  • Jay
    July 20, 2016 at 2:49 pm

    It’d be one thing if it was simple knocking, but breaking the glass is where someone could assume the kid is a burglar and things get debatable. I agree the use of force was unjustified as the kid was simply drunk and mistaken, but I believe anyone breaking into a house should be free game to shoot. You shouldn’t have to wait until your life is directly threatened, as your home is the one place you should always be able to feel safe. I do think this man was in the wrong, but it’ll be interesting as to what legal precedent gets set by this.

  • Publius
    July 20, 2016 at 2:49 pm

    Based on what has been reported it appears that the defendant is going to have a tough time proving he had an objective fear of death or imminent harm. Remember the deceased was not in the house, there was at least a door between the two.

  • Publius
    July 20, 2016 at 2:44 pm

    We don’t have all the facts, not by a long shot. So this blog and the FB comments can speculate all they want. But that is just it, speculation.

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