Man Found Not Guilty in Domestic Shooting Case After Jury Trial
Criminal Charges:
Man charged in the Bristol County Superior Court for:
- Assault and Battery with a Firearm – M.G.L. c. 265, § 15E
- Assault and Battery with a Dangerous Weapon, Serious Bodily Injury – M.G.L c. 265, § 15A(c)(i)
- Assault and Battery with a Dangerous Weapon – M.G.L. c. 265, § 15A(b)
- Possession of a Firearm Without an FID Card – M.G.L. c. 269, § 10(h)
- Possession of a Firearm with a Defaced Serial Number – M.G.L. c. 269, § 11C
City, State, County and Court:
Fall River, Massachusetts, Bristol County
Bristol County Superior Court
Case Overview:
A man and woman who were in a long-term relationship were going through a stressful time. He worked nights, and she worked days. She was also a single mother. Under slept and overworked, she picked the man up from work. Upon returning to their apartment, an argument ensued over him cooking breakfast and her not wanting to eat. Shortly thereafter, the woman went upstairs to the bedroom to lay down. She claimed that man entered the bedroom, displayed a firearm to her, and fired a single round striking her in the leg. He then wrapped the wound with a towel, called 9-1-1, carried her out of apartment and placed her in his vehicle, whereby he attended to rush to her to hospital before police and rescue workers arrived. Authorities arrived before he could leave and attended to the woman who implicated her boyfriend as the shooter. They detained the man and launched a full investigation. A search of the apartment yielded discovery of the firearm in the woman’s lingerie drawer. Testing of the firearm yielded presence of the man’s DNA. A gunshot residue test of the man’s hands also yielded positive results. Based on this evidence, the man was charged with several offenses stemming from this domestic shooting. After burning through two lawyers, the man retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent him at trial.
Case Result: Not Guilty on All Charges After Jury Trial.
After MA Defense Attorney Calcagni’s cross-examination of the prosecution’s witnesses (the woman, her son, several police officers and several forensic examiners), the man testified in his own defense, denying the allegations, and informing the jury that when he entered the bedroom, the girlfriend pointed the gun at him. While trying to wrestle it from her hands, it accidentally discharged. He then sprang into action, to help the woman. Following Attorney Calcagni’s powerful summation, the jury returned verdicts of not guilty on all charges.