Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Chelsea Man Is Found In Hospital And Arrested For Murder And Assault With Intent To Murder– Attorney Sam’s Take

Chelsea Massachusetts was the scene of a violent bloody altercation on Friday.

Oscar Guttierez-Nunes, a 27-year-old Chelsea man (hereinafter, the “Defendant”) has been arrested and charged in said altercation. By the end of the altercation, one man was apparently dead and two others were wounded. One of those injured remains in critical condition at Massachusetts General Hospital. The police learned later about the third complainant who had admitted himself into MGH with non-life-threatening injuries
In case anybody wondered, the Defendant was also wounded. According to police, he admitted himself into the hospital under a false name.

The Defendant is currently being held without bail and stands charged with murder and two counts of armed assault with intent to murder and is due back in court on April 7th.

Right now, this is being described as an “attack”. We do not know what that means. Was the Defendant in an a fight with three other guys and somehow got the better part of the deal? Did he even get the “better part”? We know that he was injured as well and one of the others has “:non-life-threatening” injuries. Was he simply a lunatic who attacked a group of men with a knife?

Of course, the police have already figured out what they believe happened, because we have one, not two or three, criminal defendants.

We know that, whoever got to the police first with their story, it was not the Defendant.

Thus, we know that whatever else the investigation may bring…it will not change the identity of who the Defendant is. Apparently, according to the police, the Defendant and his trusty knife took on three people for no apparent reason, killing one and injuring the other two.

“Sam, why do you say ‘for no apparent reason’ ?”

Well, there does not seem to be any allowance for self-defense here. Usually, in a fight, everyone involved is playing the part of both aggressor and defender at the same time. Of course, we know that the Defendant did indeed get injured. However, law enforcement has determined that the other participants in the altercation were innocent because there are no charges brought against them. We also know that the charge against the Defendant is murder, not something less.

On the other hand, we know that the Defendant had a knife or something which he used to stab at least one individual. It may well be that the defense in this case will be self-defense.

However, under the law, that defense must be commensurate with the force being used against said defender. In other words, if those he was facing had guns or knives, then the Defendant may well be justified in using his knife. If it were simply one, two or three guys attacking him with their fists…not so much.

Wouldn’t it be kind of interesting to know what kind of injuries the Defendant had? I wonder if there could be stab wounds. I wonder if it was the Defendant who introduced the knife into the fight. Of course, we do not know.

We do know, though, that the way the police were able to find the Defendant was that he felt the need to go to the hospital. We also know that his doing so was what brought him to the attention of the authorities. We further know that he was right away determined to be “he who will be charged”.

Gee, I would think it would take a little longer in such a case to make these determinations and lock someone up…but I am sure these officers know more than I do.

And, of course, let’s not forget that a man is dead. Such a thing tends to put pressure on a police department to catch the “bad guy” quickly…if not sooner .
After all, if he is not guilty, then maybe he will be acquitted by a jury in a year or so. Of course, he will likely have to stay in custody during that time…but, hey, if he is found to be not guilty, then it’s “no harm, no foul”, right?

I refer you to yesterday’s blog.

In the meantime, should you find yourself in this position, you want to get an experienced criminal defense attorney immediately. If you would like to discuss the possibility of that attorney being me, please feel free to call me to set up a free initial consultation at 617–492-3000.

To view the original stories, please go to: http://www.boston.com/news/local/massachusetts/articles/2011/03/08/not_guilty_plea_entered_in_triple_stabbing/ and http://www.boston.com/news/local/massachusetts/articles/2011/03/05/man_charged_with_murder_in_stabbings/

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