HankT
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I wonder if it wasworth it.
Homeowner fired fatal shots in self-defense
March 27, 2007 6:00 AM
by ROB MARGETTA and BRIAN FRAGA
TAUNTON — Jurors needed just 3½ hours to decide New Bedford homeowner Charles D. Chieppa, 57, was justified in killing a suspected burglar in 2004.
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Under instructions that a homicide could be legal in a case of self-defense, the jury found Mr. Chieppa not guilty of second-degree murder for the death of 24-year-old Frank Pereira Jr.
Mr. Chieppa remained impassive as the verdict was read, but his voice cracked with emotion afterward as he thanked his family and friends for three years of support. When asked for his reaction to the jury's decision, he alluded to the self-defense argument his lawyer, Kevin J. Reddington, maintained throughout the four-day trial.
"I'm truly sorry that the violence in our cities cannot be addressed," Mr. Chieppa said.
His supporters, who filled up one side of the gallery, hugged each other and pulled out cell phones to share the news after court was dismissed.
The family of the slain burglar, Frank Pereira Jr., was just as emotional. His father, sisters and longtime companion wept at the verdict. As they exited the courtroom, sister Missy Cimbron yelled "You (expletive deleted) murderer" in Mr. Chieppa's direction. Once outside, they pleaded with a victim witness advocate for further legal recourse.
"No matter the circumstances, nobody deserves to die over property," said Marcey Lugo, Mr. Pereira's companion. The couple has a daughter, who is 6 years old.
As the courtroom emptied, Mr. Reddington packed a box of evidence with Mr. Chieppa. One of the last items he picked up was the semi-automatic Walther P38 handgun with which Mr. Chieppa shot Mr. Pereira. Examining it, he said, "I'll hang on to this for now. You'll get it back later."
The defense attorney said the jury made the right decision.
"I like to think one of the objectives of this is it will give the Frank Pereiras of the world second thoughts before they enter a homeowner's property," Mr. Reddington said.
Over the course of the trial, witnesses said Mr. Chieppa awoke at about 4 a.m. June 17, 2004, to the sounds of an intruder in his home at 134 Ashley Blvd. After waking a tenant who rented a second-floor apartment, Mr. Chieppa went to his backyard with a semi-automatic handgun, according to testimony. There, he encountered Mr. Pereira, who apparently had broken into Mr. Chieppa's basement, witnesses said. Mr. Pereira was seen fleeing from Mr. Chieppa's yard before collapsing in the street with a fatal bullet wound, witnesses said.
The intent behind that shooting took center stage in court yesterday morning, as lawyers for both sides gave their closing arguments.
Prosecutor Bill McCauley conceded that Mr. Pereira was a "thief" who intended to steal from Mr. Chieppa, but said the circumstances behind the shooting show it was fueled by anger. He pointed out that the defendant kept a loaded gun in his bedroom, that he shot Mr. Pereira in the back, and that he fired four rounds.
"This was anger, this wasn't fear. He reacted that night in anger, it wasn't fearful," Mr. McCauley said. "What does that say about his intent? He decided if there was going to be a problem in his property, he would take care of it."
Mr. Reddington told the jury that his client, a decorated Vietnam War veteran, believed he was in mortal danger when he fired on Mr. Pereira.
"When you consider his state of mind, when you consider the circumstances, this was a justifiable homicide by a citizen protecting himself," Mr. Reddington said.
The defense attorney also said Mr. Chieppa experienced a "complete and total withdrawal emotionally" after the shooting, explaining grand jury testimony he gave in 2004 when he said he could not remember key details of the shooting and repeatedly said the gun "just went off" in his hands. He offered Mr. Chieppa's extremely high blood pressure after the incident as proof.
After the verdict was read, Mr. McCauley said he respects the jury's decision, but he believes there was evidence to suggest Mr. Chieppa acted with malicious intent.
One of the key components of proving that intent was the testimony of Mr. Chieppa's tenant, Wilnick Thenor. The tenant said he saw his landlord running after Mr. Pereira, yelling and swearing as he fired his pistol. But under questioning from both Mr. Reddington and Mr. McCauley, Mr. Thenor changed his story several times on the stand. At one point, Judge E. Susan Garsh told the attorneys that the jury was unlikely to believe the testimony.
Mr. McCauley said Mr. Thenor's inconsistencies hurt the case.
"It never helps when somebody changes their position," he said. "Whether I can chalk it up to nervousness or bias, he was in the best position to see what happens. ... I can see why a jury might not have acted on his testimony."
http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20070327/NEWS/703270343/1011/TOWN10
I wonder if it wasworth it.
Homeowner fired fatal shots in self-defense
March 27, 2007 6:00 AM
by ROB MARGETTA and BRIAN FRAGA
TAUNTON — Jurors needed just 3½ hours to decide New Bedford homeowner Charles D. Chieppa, 57, was justified in killing a suspected burglar in 2004.
Related Stories
Under instructions that a homicide could be legal in a case of self-defense, the jury found Mr. Chieppa not guilty of second-degree murder for the death of 24-year-old Frank Pereira Jr.
Mr. Chieppa remained impassive as the verdict was read, but his voice cracked with emotion afterward as he thanked his family and friends for three years of support. When asked for his reaction to the jury's decision, he alluded to the self-defense argument his lawyer, Kevin J. Reddington, maintained throughout the four-day trial.
"I'm truly sorry that the violence in our cities cannot be addressed," Mr. Chieppa said.
His supporters, who filled up one side of the gallery, hugged each other and pulled out cell phones to share the news after court was dismissed.
The family of the slain burglar, Frank Pereira Jr., was just as emotional. His father, sisters and longtime companion wept at the verdict. As they exited the courtroom, sister Missy Cimbron yelled "You (expletive deleted) murderer" in Mr. Chieppa's direction. Once outside, they pleaded with a victim witness advocate for further legal recourse.
"No matter the circumstances, nobody deserves to die over property," said Marcey Lugo, Mr. Pereira's companion. The couple has a daughter, who is 6 years old.
As the courtroom emptied, Mr. Reddington packed a box of evidence with Mr. Chieppa. One of the last items he picked up was the semi-automatic Walther P38 handgun with which Mr. Chieppa shot Mr. Pereira. Examining it, he said, "I'll hang on to this for now. You'll get it back later."
The defense attorney said the jury made the right decision.
"I like to think one of the objectives of this is it will give the Frank Pereiras of the world second thoughts before they enter a homeowner's property," Mr. Reddington said.
Over the course of the trial, witnesses said Mr. Chieppa awoke at about 4 a.m. June 17, 2004, to the sounds of an intruder in his home at 134 Ashley Blvd. After waking a tenant who rented a second-floor apartment, Mr. Chieppa went to his backyard with a semi-automatic handgun, according to testimony. There, he encountered Mr. Pereira, who apparently had broken into Mr. Chieppa's basement, witnesses said. Mr. Pereira was seen fleeing from Mr. Chieppa's yard before collapsing in the street with a fatal bullet wound, witnesses said.
The intent behind that shooting took center stage in court yesterday morning, as lawyers for both sides gave their closing arguments.
Prosecutor Bill McCauley conceded that Mr. Pereira was a "thief" who intended to steal from Mr. Chieppa, but said the circumstances behind the shooting show it was fueled by anger. He pointed out that the defendant kept a loaded gun in his bedroom, that he shot Mr. Pereira in the back, and that he fired four rounds.
"This was anger, this wasn't fear. He reacted that night in anger, it wasn't fearful," Mr. McCauley said. "What does that say about his intent? He decided if there was going to be a problem in his property, he would take care of it."
Mr. Reddington told the jury that his client, a decorated Vietnam War veteran, believed he was in mortal danger when he fired on Mr. Pereira.
"When you consider his state of mind, when you consider the circumstances, this was a justifiable homicide by a citizen protecting himself," Mr. Reddington said.
The defense attorney also said Mr. Chieppa experienced a "complete and total withdrawal emotionally" after the shooting, explaining grand jury testimony he gave in 2004 when he said he could not remember key details of the shooting and repeatedly said the gun "just went off" in his hands. He offered Mr. Chieppa's extremely high blood pressure after the incident as proof.
After the verdict was read, Mr. McCauley said he respects the jury's decision, but he believes there was evidence to suggest Mr. Chieppa acted with malicious intent.
One of the key components of proving that intent was the testimony of Mr. Chieppa's tenant, Wilnick Thenor. The tenant said he saw his landlord running after Mr. Pereira, yelling and swearing as he fired his pistol. But under questioning from both Mr. Reddington and Mr. McCauley, Mr. Thenor changed his story several times on the stand. At one point, Judge E. Susan Garsh told the attorneys that the jury was unlikely to believe the testimony.
Mr. McCauley said Mr. Thenor's inconsistencies hurt the case.
"It never helps when somebody changes their position," he said. "Whether I can chalk it up to nervousness or bias, he was in the best position to see what happens. ... I can see why a jury might not have acted on his testimony."
http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20070327/NEWS/703270343/1011/TOWN10
