# Bill targets those who shoot at police



## kwflatbed (Dec 29, 2004)

By Nancy Reardon
*Patriot Ledger State House Bureau*
Posted Jul 28, 2009 @ 10:47 AM

BOSTON -

South Shore lawmakers want to make firing a gun at a police officer a more punishable crime in Massachusetts. 
Under a mandatory minimum sentencing bill discussed at a State House hearing Monday, anyone convicted of firing at a police officer - in local, state or MBTA police departments - would face at least 10 years in prison. 
Plymouth County District Attorney Timothy Cruz, who testified in favor of the legislation, told the Judiciary Committee that the current system allowed two men who led police on a 13-mile chase and shootout from Brockton to Quincy get away with sentences of just two and four years in jail. 
In the January 2008 incident, two Boston men - Salomao Teixeira, the driver, and Antonio DePina, the shooter - were arrested after their rental car crashed into a residential garage on Newport Avenue in Quincy. 
The men, wanted in connection with a Brockton shooting, fired at pursuing police cruisers but did not hit any officers.
"They were laughing in the jail cell that night," Cruz said in an interview after his testimony. "They should be getting significant state time."
The bill was co-sponsored by Reps. Vinny deMacedo, R-Plymouth, and Garrett Bradley, D-Hingham.

Bill targets those who shoot at police - Quincy, MA - The Patriot Ledger


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## Eagle13 (Jun 12, 2008)

If the punishment no longer is effective in preventing the actions and crime, time to toughen the law and punishment!


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## Guest (Jul 29, 2009)

Meaningless symbolism.....the courts will throw out the more serious charge, and the bad guys will get two-year sentences anyway.


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## uspresident1 (Jan 12, 2007)

I am all for states indivdual rights. But unfortunatly there are states like Massachusetts that could care less about the police. This is one instance I think we're the federal government needs to step and make using a firearm against the police a federal offense with a mandatory sentence. I know this is beyond wishful thinking and it will never happen, but it really should.


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## 187 (Jul 3, 2007)

What about shooting at campus, railroad, and postal police?

What about making it a felony to flee from the police?


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## OfficerObie59 (Sep 14, 2007)

187 said:


> What about shooting at campus, railroad, and postal police?
> 
> What about making it a felony to flee from the police?


How about making it a felony for assaulting a police officer? You know, like the same punishments given for assualting a pregnant woman, person under 14 causing injury, person 60 or over, a police dog or horse, someone you're trying to collect a debt from, a person who has a 209A Order out on you, someone who's mentally retrarded...etc...

Start with the small stuff and work your way up.


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## 187 (Jul 3, 2007)

OfficerObie59 said:


> How about making it a felony for assaulting a police officer? You know, like the same punishments given for assualting a pregnant woman,


In this state, you kidding?
I had a judge tell me that getting punched and kicked was part of the job.


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## Eagle13 (Jun 12, 2008)

I think we need to elect an official that would govern by forum (Masscops.com). We could solve a lot of problems! Hahaha!


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## Guest (Jul 29, 2009)

I got a great idea give anybody that shoots at anybody (illegally) else 10 years in jail.


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## grn3charlie (Jul 18, 2005)

OfficerObie59 said:


> How about making it a felony for assaulting a police officer? You know, like the same punishments given for assualting a pregnant woman, person under 14 causing injury, person 60 or over, a police dog or horse, someone you're trying to collect a debt from, a person who has a 209A Order out on you, someone who's mentally retrarded...etc...


Cuz shouldn't the police "be professional enought to just walk away?"


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## 94c (Oct 21, 2005)

Let's see.....

Assault with intent to murder-Firearm 5yrs to 20 yrs.
Assault by means of a dangerous weapon 5 yrs
Unlawfully carrying a firearm 2 1/2 to 5 yrs
Carrying a loaded firearm 2 1/2 yrs on and after.

Sounds like a 15 to 32 1/2 year sentence to me.

Legislators are great at creating new laws when the old laws are just as good if the courts only imposed the sentence.


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## NEPS (Aug 29, 2006)

Delta784 said:


> Meaningless symbolism.....the courts will throw out the more serious charge, and the bad guys will get two-year sentences anyway.


Delta is right. Perhaps if the shot hits the cop this charge would be brought to trial. But, oh, assault to murder already makes this a ten year felony.



uspresident1 said:


> This is one instance I think we're the federal government needs to step and make using a firearm against the police a federal offense with a mandatory sentence. I know this is beyond wishful thinking and it will never happen, but it really should.


Yes, the feds aren't afraid of minimum mandatories and are happy to give out serious time, but US attorneys would not indict a case like this unless it was a lead pipe cinch. In other words, just because someone shot at a cop does not mean that there would be a federal criminal case. An assistant US attorney has to decide that it is worth the effort -- in other words, he or she will win the case.

To get an idea of what I mean, how many times have you ever seen a federal prosecution for a case in which mail is stolen, a private mailbox or even a US postal service mailbox vandalized, or a US post office burglarized. All federal crimes, not prosecuted in federal court.



187 said:


> What about shooting at campus, railroad, and postal police?


I don't see why shooting at them should be any less serious than a state or municipal cop. Gunman probably did not even stop to check the patch anyway.


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## Guest (Jul 30, 2009)

OfficerObie59 said:


> a police dog or horse,


Not to split hairs, but striking a police dog or horse is a 2.5 year misdemeanor with an in-presence right of arrest;

M.G.L. - Chapter 272, Section 77a



NEPS said:


> I don't see why shooting at them should be any less serious than a state or municipal cop. Gunman probably did not even stop to check the patch anyway.


I can see it now...."Ladies and gentlemen of the jury, my client honestly believed he was shooting at a campus police officer".


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## grn3charlie (Jul 18, 2005)

If the laws on the books were enforced, this wouldn't be necessary. Look at newer (propsed) gun control laws. They are designed to make life hard on law abiding citizen's yet do jack to PUNISH those who use a firearm in the course of committing a crime. Anybody remember Bill Weld talking about truth in sentencing?


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## grn3charlie (Jul 18, 2005)

LawMan3 said:


> If you shoot at a cop, go directly to jail (for the rest of your life), do not pass go, do not collect $200. Simple as that.


Here's starnge story for you. Many many moons ago I worked for a restaurant. When the manager, whose father had retired from the Boston PD found out that I wanted to be a cop we got into a discussion about whether or not the punishment for killing a police officer should be greater than for killing a civilian. She was surprised when I said that it should. Though she was liberal, I still liked her (and no not in that way). My reasoning then as it is now is that when someone kills a police officer, they just reduced the protection of thousands of citizens in the community that the officer served in. And it takes some time to replace that officer. So while it's bad enough to kill a police officer, it's not just about the officer, it's about the citizens that officer was sworn to protect. Don't we owe them something? OK, now I'm off my :sb:

BTW Wolfman, you are right. We are being new lawed to death. We will get to the point when we have so many redundant and restrictive laws that we it will be difficult to function as the USA. I highly doubt that is what the forefathers had envisioned. OK, now I'm really off my :sb:


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## Varanus224 (Jun 13, 2006)

Most if not all federal law involves a crime effecting Interstate Commerce and recently, the feds having been getting struck down in the Supreme Court for trying to extend fed law into state law.

I cant see how they can stretch it but,

How about FELON IN POSSESSION AS TO AFFECT INTERSTATE COMMERCE should jam someone up for 5yrs and one day


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## OfficerObie59 (Sep 14, 2007)

Varanus224 said:


> Most if not all federal law involves a crime effecting Interstate Commerce and recently, the feds having been getting struck down in the Supreme Court for trying to extend fed law into state law.
> 
> I cant see how they can stretch it but,
> 
> How about FELON IN POSSESSION AS TO AFFECT INTERSTATE COMMERCE should jam someone up for 5yrs and one day


Too bad there's already been a ruling relating to gun possession based on the commerce clause:
United States v. Lopez - Wikipedia, the free encyclopedia


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## Trifecta (Mar 3, 2006)

OfficerObie59 said:


> How about making it a felony for assaulting a police officer? You know, like the same punishments given for assualting a pregnant woman, person under 14 causing injury, person 60 or over, a police dog or horse, someone you're trying to collect a debt from, a person who has a 209A Order out on you, someone who's mentally retrarded...etc...
> 
> Start with the small stuff and work your way up.


Thanks for looking out for the rest of us General! Looking at the statute isn't it already a Felony when you are assaulted\\/

But seriously good point.


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## OfficerObie59 (Sep 14, 2007)

Trifecta said:


> Thanks for looking out for the rest of us General! Looking at the statute isn't it already a Felony when you are assaulted\\/


Yeah, I suppose I could be mistaken for a child under 14. Hell, some guys at work have tried to arrest me for driving the cruiser after midnight...


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## Varanus224 (Jun 13, 2006)

Good point. The end of my post I was referring to the fact that Felon is Possession IMHO opinion should be enforced a whole lot more. I realize possession is a federal crime if atleast one of the parts was manufactured outside the state/country.

I think it would be a stretch though to make a federal crime to shoot at a cop (ALTHOUGH THE PENALTY SHOULD BE LIFE). And the states right zealots would be besides themselves im sure.

Although an easy argument is injuring a law enforcement takes a cop of the street who is charged with keeping the traveling public safe thus effecting travel between the states and effecting Interstate Commerce. How are funny loving supreme court would see it another story


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## OfficerObie59 (Sep 14, 2007)

Varanus224 said:


> Good point. The end of my post I was referring to the fact that Felon is Possession IMHO opinion should be enforced a whole lot more. I realize possession is a federal crime if atleast one of the parts was manufactured outside the state/country.
> 
> I think it would be a stretch though to make a federal crime to shoot at a cop (ALTHOUGH THE PENALTY SHOULD BE LIFE). And the states right zealots would be besides themselves im sure.
> 
> Although an easy argument is injuring a law enforcement takes a cop of the street who is charged with keeping the traveling public safe thus effecting travel between the states and effecting Interstate Commerce. How are funny loving supreme court would see it another story


Good argument.

However, I have no desire to see the Commerce Clause raped yet again in order to pass an unnecessary statute that furthers federal power. Almost always with these proposed overly specific statutes, there's another broader and often just as serious vehicle for the enforcement already in place. Politicians like to pass unnecessary laws to get votes and validate their own existance.

Take the cell phone/texting debate. We already have "operating to endanger" on the books for people who can't drive like human beings when setting the weeks itinerary on their Blackberry.


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## justanotherparatrooper (Aug 27, 2006)

LawMan3 said:


> If you shoot at a cop, go directly to jail (for the rest of your life), do not pass go, do not collect $200. Simple as that.


 Actually I prefer...shoot at a cop and you get a free trip to the morgue


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## FAPD (Sep 30, 2007)

mtc said:


> What I find phucking pathetic is that Tim Cruz is there testifying for this bill, citing an incident involving Brockton PD, and *none of the Brockton Reps could see fit to stand by his side on this*.


They're too busy overseeing their cronies lives at Massasoit like lame-ass Chiefs, administrators, faculty, and even trustees


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## Out2lunch (Dec 17, 2006)

187 said:


> In this state, you kidding?
> I had a judge tell me that getting punched and kicked was part of the job.


BMC Judge, I was told the same thing. His name slips me right now. I saw an A&B or A&B DW with his name on the case I would jsut sit there and wait for it to get dismissed... Easy 4hrs of Time and half....


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## DEI8 (Jan 20, 2006)

I heard that Massachusetts was looking to make all weapons charges and A&B on a PO a civil offense, fine to be no greater that $50.00.


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