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Police: Officers arrest man who pointed loaded gun at them
By adamg on Fri, 06/12/2015 - 6:36pm
Boston Police report officers responding to a report of gunfire arrived at 21 Dacia St around 3:25 a.m. in time to see a man "attempting to rack a black firearm as he fled the scene."
As officers canvassed the area, one officer observed the suspect standing on a porch and pointing the firearm in the officer’s direction. The officers sought cover, drew their department issued firearms, and ordered the suspect to drop his weapon. The suspect complied with officers’ orders and was subsequently arrested without further incident. Officers recovered a loaded black KelTec 9mm Luger from the porch where they had found the suspect.
Dairy Santos, 30, of Dorchester, was charged with unlawful possession of a firearm, unlawful possession of ammunition, carrying a loaded firearm, discharging a firearm within 500 feet of a dwelling and assault by means of a dangerous weapon on a police officer.
Innocent, etc.
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Comments
Really?
Isn't 30 a bit old for this crap?
Guns and butter
With a name like Dairy, he should've stuck with the butter...
Adam, you're usually such a good punster, why're you not milking this one for all it's worth?
Because that'd be too cheesey.
Even for Adam.
On a serious note, I like the fact that Boston's PD can actually apprehend armed criminals without, you know, shooting and killing them, as frequently happens elsewhere. Not that BPD are completely blameless all the time, but they do seem to have a significantly better track record than officers lots of other places.
I can only hope everyone
I can only hope everyone realizes they would've been completely justified to shoot him. http://m.nwitimes.com/news/local/lake/east-chicago/chief-hesitation-to-u...
I've noticed how Adam often
I've noticed how Adam often posts stories here emphasizing that. But then the BPD seemed to have gone above and beyond in destroying that track record recently.
Jury is out on that case
Just because BPD does not shoot every suspect with a weapon does not mean they are never justified in doing so.
And it's interesting that you point to a breathless account that is already out of date, which perhaps proves that just as you are right to question the official version, you also need to have an open mind on people like Greenwald. That report accuses BPD and the feds of ignoring that third suspect and questions why Wright wasn't charged with something more substantive than he was. Well, the third guy was arrested the other day and both he and Wright were charged with something more substantive.
Armed criminals
Have no fear of police when they know they can pull a gun on a cop with impunity. That's why Officer Moynihan got shot, and, as sad as it sounds, there will be more. There wouldn't be any violent struggles preceding every arrest or frequent episodes of guns pointed at cops if gun-toting thugs knew cops won't tolerate such behavior.
He says ...
Ignoring decades of evidence to the contrary, that criminals are often stupid and don't really care if the cops have guns. One need only look at Dallas this morning for evidence of that.
Apples and oranges
We're talking about a common gun-toting street thug who sees pulling a gun on a cop and maybe squeezing off a couple rounds in the cop's general direction as means to buy him time to escape instead of a sure way to commit suicide, not a homegrown terrorist hellbent on murdering cops. But you already knew that, didn't you?
Distinction without difference.
It's all just goons with guns.
How do you get "assault by
How do you get "assault by means of a dangerous weapon on a police officer" from that police report?
Assault is different from battery
Pointing a loaded weapon at someone, even without firing it, is probably sufficient for "assault".
MA sets a really low bar for
MA sets a really low bar for assault. The mere sight of a weapon, even in a holster or scabbard in any form of altercation (brandishing even if it really isn't since the object isn't in the accused hands) is considered assault in this state. It was considered a way to stop intimidation organized crime back in the prohibition era when flashing knives or guns in a coat or waistband was the means to collect protection racket money.
It's right there in the report itself.
By quoting it verbatim, I take it. Last paragraph of the report itself:
This doesn't seem to be an exact title from the Mass. General Laws, however. There is G.L. c. 265, § 15B(b), which defines general "Assault with dangerous weapon," however. The "on a Police Officer" part might refer to a sentence enhancement clause elsewhere in the MGL which I can't find, or the police might just include that qualifier in the charge, when it applies, in order to give the prosecutor/judge direction.
Right
What you and Ron said. I'm not a lawyer, so somebody correct me if I'm wrong, but assault in a legal sense is when you threaten to punch somebody in the nose - or more important, you make somebody fear you're going to punch him in the nose - while assault and battery is when you actually do punch somebody in the nose. So in this case, the cops had reasonable fear that the guy was going to shoot them with the gun. Hence assault.
In MA, assault is the threat
In MA, assault is the threat of violence or attempting to strike someone and missing. Flashing -- and especially pointing a gun at someone -- constitutes assault.