Massachusetts Man Charged With Assault With Intent To Murder In Quincy After Shooting Neighbor

October 6, 2009
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Christopher Leonard of Randolph, Massachusetts was charged with Armed Assault With Intent To Murder, Discharging a Firearm Within 500 Feet of a Building and Improper Storage of a Firearm after a dispute with his neighbor over a fence ended up in a shooting. According to reports Leonard and his wife were in their yard last Friday night when the neighbor, John Rota went onto Leonard's property to discuss an ongoing dispute regarding a fence that separates the neighbor's properties. The discussion turned violent when Leonard hit Rota who responded by throwing a beer can at Leonard. Supposedly Leonard then pulled out a gun and shot Rota in the stomach. Afterwards Leonard tried to stop the bleeding and tended to Rota's wound. Leonard's wife told police that he had been out drinking earlier in the evening and that he becomes violent when he drinks. Leonard is licensed to carry firearms. His bail was set at twenty thousand dollars by a judge in the Quincy District Court.

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Massachusetts Man Shoots Neighbor During Dispute Over Fence

A couple of thoughts come to mind when reading this article. Did Leonard act in self-defense? Even if he did the law in Massachusetts makes clear that people can use force in self defense however no one can use more force than is reasonably necessary under the circumstances of this case. In a case like this jurors will consider the relative sizes of the combatants, their actions and the location of this incident. Keep in mind that this happened on Leonard's property suggesting that Rota could have been the aggressor. Rota used a dangerous weapon on Leonard prior to the shooting. Further actions by Rota not addressed in the article could give rise to a legitimate self-defense claim. The fact that Leonard immediately assisted Rota suggests that the shooting might have been an accident. An "accident" in Massachusetts is defined as an unexpected happening that occurs without intention or design on the defendant's part. It means a sudden, unexpected event that takes place without the defendant's intending it. Here, brandishing the gun does not necessarily mean that Leonard intended to fire it. The act of shooting might have been an accident, a valid defense to these charges.

Believe it when I tell you that many people, good people, get involved in incidents like this that result in having to answer to criminal charges. It is important to get a lawyer immediately so that you can get advice on how to proceed with your case. You can call us anytime at 617-263-6800 or online. No case is defenseless. Acting quickly to protect your rights is critical if you want to avoid a conviction.