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Old 05-15-2008, 03:22 PM   #1
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Default Massblows: Store owner arrested for defending his property from burglar

This is truly outrageous. What a totally arse backwards place this is.



Was it self-defense or firearms offense?

Hanover caterer confronted intruder with gun, and faces charges

Email|Print|Single Page| Text size – + By Milton J. Valencia
Globe Staff / May 15, 2008

The racket came from the dark kitchen area, and it startled David Crest as he slept in the office of his Hanover catering business. He suspected he was being burglarized again, and as he crept toward the noise, he grabbed the Mossberg 500 12-gauge shotgun he had kept by his side.

.........

April 21 marked the second consecutive night that Crest had stayed in his business office, the first night keeping his vigil until 3 a.m. He had figured one of his employees was involved in the heists - although he never suspected O'Connor - and told his crew he was going on vacation. If the thief was going to strike, it would be then, he figured.

Much was at stake for Family Crest Catering, the business Crest and his wife had built over 17 years. Some $3,000 worth of equipment and goods had disappeared from his Hanover shop since October. (A later audit would show that another $4,000 had been embezzled, his lawyer said.)

...........

On the scene, Crest told investigators that he had an active firearms license. But, to his surprise, police told him they would seek a criminal complaint against him. A Hingham District Court magistrate clerk agreed to bring charges two days later.

http://www.boston.com/news/local/mas...earms_offense/
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Old 05-15-2008, 03:32 PM   #2
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Default Re: Massblows: Store owner arrested for defending his property from burglar

I always come back to something a cop told us after we got in to a rumble with some thugs, and my buddy pulled out his Glock in self defense. The dudes that jumped him ran when they saw he was packing, LEGALLY, but we called the cops anyway. When they came, my buddy explained the situation, showed him his license, and the cop had some advice. I'll never forget it.

He said:

"Between you and me, if you ever have to use it, don't shoot to hurt, shoot to kill. If you shoot someone and they live, you're only going to get sued, and probably go to jail."


It sounded awful 10 years ago, but made more and more sense as the years wore on.

From the article:
Quote:
"We're not sympathetic to O'Connor] but it's poor judgment on Mr. Crest's behalf," Hayes said. "He didn't know who was coming in, when someone was coming in. What if the guy was shot and killed?"

The chief acknowledged that no one was arrested after Crest reported two thefts last fall. But, he said, "We never advised the owner to sit there with a shotgun. Instead of calling 911, he took it into his own hands."

That's not how Crest's defenders see it. Michael Bergeron, a lawyer for Crest, said his client not only had a right to defend his property, but the right to protect himself. Crest did not know whether the thief was armed, perhaps had a gun in his car, or whether an accomplice was lurking outside, he said.

..........

"These are business owners and there's only so many times you can get ripped off before you can protect your property, and yourself," Bergeron said. "I think he did use reasonable force in trying to stop his car, to take his property back under the law."

What if? If the guy was shot and killed there'd be one less crook in the world. Somehow the owner who's being robbed is the bad guy, if he shoots some loser thief who's stealing his livelyhood. What stupidity.
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Old 05-15-2008, 03:36 PM   #3
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Default Re: Massblows: Store owner arrested for defending his property from burglar

Quote:
Originally Posted by Real World View Post
This is truly outrageous. What a totally arse backwards place this is.



Was it self-defense or firearms offense?

Hanover caterer confronted intruder with gun, and faces charges

Email|Print|Single Page| Text size – + By Milton J. Valencia
Globe Staff / May 15, 2008

The racket came from the dark kitchen area, and it startled David Crest as he slept in the office of his Hanover catering business. He suspected he was being burglarized again, and as he crept toward the noise, he grabbed the Mossberg 500 12-gauge shotgun he had kept by his side.

.........

April 21 marked the second consecutive night that Crest had stayed in his business office, the first night keeping his vigil until 3 a.m. He had figured one of his employees was involved in the heists - although he never suspected O'Connor - and told his crew he was going on vacation. If the thief was going to strike, it would be then, he figured.

Much was at stake for Family Crest Catering, the business Crest and his wife had built over 17 years. Some $3,000 worth of equipment and goods had disappeared from his Hanover shop since October. (A later audit would show that another $4,000 had been embezzled, his lawyer said.)

...........

On the scene, Crest told investigators that he had an active firearms license. But, to his surprise, police told him they would seek a criminal complaint against him. A Hingham District Court magistrate clerk agreed to bring charges two days later.

http://www.boston.com/news/local/mas...earms_offense/
The liberals love this stuff, it makes them all warm and fuzzy when they read it.

Sad to say in our blame the victim society this guy would probably be better off if he killed the scumbag, when you leave them alive they sue you and you wind up in jail, dead maggots can't sue you and they can't testify against you.

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Old 05-15-2008, 03:36 PM   #4
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Default Re: Massblows: Store owner arrested for defending his property from burglar

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Originally Posted by Real World View Post
...If the guy was shot and killed there'd be one less crook in the world. Somehow the owner who's being robbed is the bad guy, if he shoots some loser thief who's stealing his livelyhood. What stupidity.
I agree.

I don't agree that this is just a Mass thing. Please stop dissin my Cawminwealth!
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Old 05-15-2008, 04:05 PM   #5
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Default Re: Massblows: Store owner arrested for defending his property from burglar

Wake me up when the poor victim sues the big mean man with the gun.
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Old 05-15-2008, 04:13 PM   #6
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Default Re: Massblows: Store owner arrested for defending his property from burglar

Sorry to say this but the law says that unless your cornered with nowhere to run,(and feel in physical danger) then you can shoot,shoot to kill.... Unless your the cops then you could shoot the guy in the back and all would be fine after a little investigation. Crest will get off with a warning IMO I just wonder after firing a 12 gage in a small room if he'll be able to hear the judge.

The reason I know this is that i use to have a FFL, Federal Firearms Licanse and with it you got a book of state laws pertaining to guns. At least thats the way it use to be.
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Old 05-15-2008, 04:17 PM   #7
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Default Re: Massblows: Store owner arrested for defending his property from burglar

This is ridiculous.

Just curious though, RW, since you seem to post lots of anti-mass threads, why do you still live in mass then
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Old 05-15-2008, 05:36 PM   #8
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Default Re: Massblows: Store owner arrested for defending his property from burglar

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This is ridiculous.

Just curious though, RW, since you seem to post lots of anti-mass threads, why do you still live in mass then
Cuz I was born here unfortunately. My fiance lives here, my family, friends, etc. I own a house in the state. My parents business, where I work, is here also. The "area" is nice. Most of the people are ok. My disdain is more toward the incredibly inefficient, wasteful, corrupt, and inept government we have. I know, I know, if I don't like it, then leave. Well, by that logic, and I'm speaking out loud here Mav, and not at you, then a lot of people in this very forum should be leaving the US real soon, since so many in here whine about it all day long. Voicing displeasure is what I'm doing. I'm trying to point out how gross this place is. Maybe if more people are enlightened to this places stupidity, it'll someday change. LOL. That at least sounded nice.
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Old 05-15-2008, 06:13 PM   #9
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Default Re: Massblows: Store owner arrested for defending his property from burglar

I feel the guy's pain, but..............come on, once the owner saw that it was his chef (who ran/ was not armed) what was the purpose of firing. I almost get the one or two warning shots, then the caterer is shooting at the guy's tires. So if he hits the gas tank and the car explodes, the crime fits the punishment? I've worked years in this field, stealing is routine. You want vengeance, keep track of the guy's employment. If it was me in that situation, if I have a gun, I also have a camcorder, and if its an employee, he's screwed. I do not shoot the gun.

BTW, I think this would be fairly consistant with other states (maybe not Texas). I always think of the case my fith grade teacher told us. A homeowner (in the Carolinas I think) rigged a shotgun to go off if an intruder broke in. A intruder broke in, shotgun went off, intruder dead, homeowner guilty. That was a long long time ago, but I believe still holds true today.

Last edited by scout; 05-15-2008 at 06:18 PM.. Reason: add
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Old 05-15-2008, 06:18 PM   #10
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Default Re: Massblows: Store owner arrested for defending his property from burglar

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I feel the guy's pain, but..............come on, once the owner saw that it was his chef (who ran/ was not armed) what was the purpose of firing. I almost get the one or two warning shots, then the caterer is shooting at the guy's tires. So if he hits the gas tank and the car explodes, the crime fits the punishment? I've worked years in this field, stealing is routine. You want vengeance, keep track of the guy's employment. If it was me in that situation, if I have a gun, I also have a camcorder, and if its an employee, he's screwed. I do not shoot the gun.
I agree there was no need to shoot. He (Crest) knew who it was,it was all over for the Cheff. The Cops would go to his house and most likely find evidence of previous B@E's. Creast was acting like a cowboy by shooting
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