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.

Dorchester Domestic Violence Call Turns To Multiple Shooting And Arrest

Do you still wonder why Massachusetts law enforcement come in with a strong need to maintain control of a situation when dealing with a Boston domestic violence call? Maybe today’s blog will convince you.

Meet Boston police officer Shawn Marando, hereinafter, the “Officer”, 13-year veteran and an officer who teaches women how to defend themselves . Earlier this week, he was about to finish his overnight shift when a call came in from a Dorchester woman who said that her boyfriend had assaulted and threatened to kill her. The Officer went to answer the call.

Minutes later, the Officer, and two other officers, arrived at the scene to find said boyfriend, 25-year-old Tyrone Cummings (hereinafter, the “Defendant”) and a the caller’s sister. According to the Commonwealth, the Defendant reacted by firing a gun at the Officer, striking him in the calf.

So much for retaining control of the situation.

The Officer and another officer fired back, hitting the Defendant several times in the chest. The sister was hit in the leg.

Believe it or not, all were expected to survive.

“As this incident demonstrates, there is no such thing as a routine call,” Police Commissioner Edward F. Davis said. “It’s clearly our worst-case scenario.”

This marks the third time since November that a Massachusetts officer has been shot in the line of duty.

Attorney Sam’s Take On Massachusetts Shootings, Domestic Violence And Police Response

So…did the police over-react by firing back so much? After all, the Defendant was hit a number of times in the chest, which one would have expected to kill him. Not only that, but the sister, assumedly an innocent bystander, was also hit.

Well, I suppose reasonable people, like reasonable doubts, can differ on this. However, one thing is not very debatable. That is that when the police come a-calling, particularly in a domestic violence call, a deadly situation can easily erupt.

Over the last quarter century, I have handled a great many domestic violence situations…on both sides of the criminal justice aisle. Too often, these situations include even more serious crimes. I have personally handled matters which, even before the police arrive, the resulting allegations have included Massachusetts rape, assault with intent to murder and, indeed, murder itself.

When one considers the above realities, together with the fact that officers need to retain control over such a situation, it is difficult to imagine any other way this situation could have resulted. You see, this is not a situation that needs mind-bending analysis. You act out during a police criminal investigation at your peril. Said peril can mean injury or even death. It will certainly mean incarceration.

The Defendant is likely to be charged with assault with intent to murder, assault and battery with a deadly weapon, assault and battery on a police officer and, probably, illegal possession of a weapon, to say nothing of the charges surrounding the original domestic violence.

Well, he is lucky to be alive. Soon, though, his need will change from medical help to aid from a very experienced Massachusetts criminal defense attorney.

That is, assuming he does not show similar judgment to that which he showed during the police visit…!

To read the original story upon which today’s blog is based, please go to http://www.boston.com/news/local/massachusetts/articles/2011/06/15/boston_police_officer_shot_on_domestic_violence_call/?page=full

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