Crime victim still takes it on the chin

[Big Don]

Crime victim still takes it on the chin

By Michael Graham | Friday, January 13, 2012 Boston Herald EXCERPT:

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Here’s the final outcome of the Anthony McKay case:
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If you defend your family and property from a knife-wielding druggie in Massachusetts, you’d better be prepared to also defend yourself from the justice system, too.​

McKay is the young father who, seeing a local druggie breaking into his truck and stealing the tools he uses to pay the bills, confronted him, subdued him and held him for the police. When the police arrived, they found the bad guy had a knife, a billy club and — thanks to the unarmed McKay — a broken jaw.​

Instead of thanking McKay for helping get an armed criminal off the streets, Swampscott officials charged him with a felony. As a Swampscott police spokesman said at the time, “We don’t urge anybody to fight back. We want them to call us.”​

Thanks to pressure from readers of the Boston Herald and others, McKay will not be prosecuted. But the Essex County District Attorney’s office has made it clear that they are not supporting your right to self defense.
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The Lynn Daily Item yesterday reported that the Essex DA insists the decision to nol pros — decline to prosecute — the case does not mean they think the police were wrong in arresting McKay. “It was not meant to Monday morning quarterback,” said spokesperson Carrie Kimball Monahan.​

McKay’s pro bono attorney, Richard Chambers, was told the same thing. “The Essex DA’s office said they are able to prosecute some cases and not others, and this is one of those that they are not going to prosecute.”​

In other words, McKay is lucky that the media made an issue out of this outrageous prosecution. Otherwise he could have spent five years in prison instead of working and paying the bills for his three young children.​

Who can possibly think this is the right way to run a state? Well, Martha Coakley once said, “In Massachusetts we try and discourage . . . self-help.”​

If Essex DA Jon Blodgett had dropped the charges and acknowledged McKay had done nothing wrong, that would send the message to future crooks that the law is on the good guy’s side.​

Instead, Blodgett refused take sides. He and his spokesman have also refused repeated requests to answer questions about this case.
END EXCERPT
I hope they prosecuted the thief...
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[MJS]

I'm curious to know if the badguy fought back, thus the reason for the busted jaw or if the homeowner did what I and probably alot of others would probably be tempted to do....smack the **** out of the guy for stealing what doesn't belong to them!!! Personally, I tip my hat to Mr. McKay. What burns my ***, is the DA. Of course the DA and the cops are going to tell you to cooperate and comply. Imagine if they did? LOL. You'd have a wild west in every city, state and town...lol. FWIW, I do feel that we should defend whats ours. Screw the bad guys....maybe next (wishful thinking I know) time they'll think twice before doing something wrong.

Whats funny is I have to wonder if they were really back logged...or, if they just didn't realize how dumb they sounded, and passed the blame on the media. Either way, I'm glad the guy didn't get sent up the river for defending his property.

Yup, the legal system is truely messed up.

 

[oftheherd1]

Note to self: Stay out of Massachusetts.

 

[Bob Hubbard]

Any system that expects meek and compliant victims to wait until their authorized defenders can arrive is one that's lost all reason, IMO. For it to be Massachusetts, makes the knife in the Founders heart that much more special. I guess this means though that police in Massachusetts are required to aid people. I'd love to see that one go to court.

"In this case you said we had to take it and wait for the police. Well, they got hung up elsewhere and didn't get there in time. So, now you're liable."
"No we're not. USSC says we ain't. That's your responsibility."
"But in the McKay case you said we couldn't defend ourselves. So which is it pencil neck?"
"Easy, whichever one is most convenient to us and least to you. Thffft".