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Jury Acquits Iraq War Vet of Shooting

Posted: July 2, 2006 4:45 pm
by Sam
Finally some justice is served. Unfortunately the guy may face civel suits but I hope he turns around and sues the clubs involved.

I am most surprised that he was found not guilty in the "Peoples Republic of Massachusetts" of all places. I am most glad to hear and to see that he was. The bottle thrown into his house could have as easily been a molotov cocktail or a firebomb.
I do want to know what kind of shotgun shell exploded on the curb ( apparently like a grenade) and sent fragments into the people that were allegedly wounded by such fragments. ( the author of the article or the person making the accusations, is in SEVERE NEED of learning about firearms and their capabilities.

All my best PHIN POWER goes out to the Marine that was protecting and defending his family and home, and to his family and friends.

Semper Fi Devil Dawg! May God Bless and keep you and yours safe!

All credit for the article goes to the AP and Military.com (If one is a member of military.com there is an area for comments or if one wants, one can go read the comments posted by other members without joining)
Just take the link. You will see join the discussion at the bottom of the article.
http://www.military.com/NewsContent/0,1 ... ESRC=eb.nl
Jury Acquits Iraq War Vet of Shooting
Associated Press | June 30, 2006
SALEM, Mass. - A jury on Thursday acquitted an Iraq war veteran who was accused of injuring two people when he fired a shotgun into a raucous crowd of club-goers outside his home.

Marine Sgt. Daniel Cotnoir, a reservist named "Marine of the Year," was found not guilty of two counts of assault and battery with a dangerous weapon. Two jurors hugged him outside the courthouse.

"Everybody likes to think their home is safe," Cotnoir, 34, said after the verdict. "You don't have to have been a war veteran or see anything gruesome to be scared when things go flying through your bedroom window."

Cotnoir's house, which is also his family's funeral parlor, overlooks a parking lot that sits across from two nightclubs. On the night of the shooting last August, a crowd gathered after the clubs closed, and Cotnoir testified he felt "under attack" when a bottle was thrown through his window.

He said he was in fear of his family's safety when he grabbed a shotgun and fired a shot into what he said was a clear area. The shell struck a curb and shattered into fragments, striking Kelvin Castillo, 21, and Lissette Cumba, 16.

If convicted, he could have faced up to 20 years in prison, a prospect that Cotnoir said caused him and his wife "many sleepless nights" after he rejected a plea deal.

During his closing argument Thursday, prosecutor John Dawley said Cotnoir was a good guy, but "good people occasionally have monumental lapses of judgment." He also urged jurors not to give Cotnoir "extra points" because he was in Iraq.

Dawley, Castillo and Cumba were not immediately available for comment after the verdict. On Wednesday, Castillo said he'd already forgiven Cotnoir, but wanted a conviction.

Cotnoir said he wouldn't apologize to those he injured, and that he did what he felt was necessary to protect his family.

Cotnoir, who served eight months in Iraq in 2004, helped create a mortician's unit for the Marine Corps, for which he was credited in winning the Marine of the Year award. He and his wife accepted the award in Washington, D.C., one month before the shooting.

Posted: July 2, 2006 7:25 pm
by mommar
http://www.eagletribune.com/

There is an archive search near the top of the page........type in cotnoir and you may find what you're looking for.

Good Luck

Posted: July 2, 2006 7:32 pm
by AdamBomb8
Local cops could have helped the situation by being in that area when those clubs closed to make sure that people dispersed and didn't continue loitering in the area late at night.

Posted: July 3, 2006 2:04 am
by Sam
mommar wrote:http://www.eagletribune.com/

There is an archive search near the top of the page........type in cotnoir and you may find what you're looking for.

Good Luck
Thanks for the link and the info.
( NOTE None of the following is about you personally so please do not take offense. I am merely voicing my opinion. OK !?)

I see only that the jury was CORRECT AND RIGHT in their decision, HE DID NOT FIRE A SHOTGUN into the crowd. Anyone that knows anything thing about shotguns is clearly aware of that. HE WAS NOT SHOOTING PEOPLE as one person claimed. If Sgt. Daniel Cotnoir had been shooting people, there would be one hell of a lot more people wounded and/or dead.
Anyone care to tell me Marines are bad shots? :roll:

He did not shoot into a crowd. He shot AFTER a bottle was thrown through a window and rocks were thrown at his house. What the BLEEP would you do in such a situation? Care to tell me rocks and bottles are not deadly? If one cares or does believe in THE BIBLE......The First Man was killed with a rock. I do not blame nor find fault with Sgt. Daniel Cotnoir. His life and the lives of his family were at stake. He did what he had to do, to maintain such protection, and he did use Reasonable and Mininmum Force.
I am most glad I do not live in his town with such disregard of individuals Rights by the authorities.
The trial was a ridiculous waste of tax payer money and time. THAT IS MY OPINION

As it was, only two people were wounded and no one was killed. Ask anyone that knows alot about shotguns. Easily if he was intentionally shooting into a crowd, a lot of people would have been killed and or injured.

Shotguns DO NOT fire bullets. AGAIN the author of the article needs an education, as do the the accusors with their wild accusations.

I am quite sure if the Marine had intended to kill anyone or shoot anyone, he was more than capable of easily doing so. He only fired one round into a safe area. The police chief, the prosecutor, and all of the accusors were quite wrong as is the writer in many statements in the various articles.

Given a choice and a bottle comes flying through your bedroom window or perhaps your keet;s bedroom window.....just what would you do?

Posted: July 3, 2006 9:28 am
by green1
Sam wrote:Given a choice and a bottle comes flying through your bedroom window or perhaps your keet;s bedroom window.....just what would you do?
Exactly what he did. Fire a warning shot. If another bottle comes through the window, then aimed fire. Not to kill. But certainly to prevent another bottle or rock coming into my house and possibly harming someone I love.

Posted: July 3, 2006 1:16 pm
by ScarletB
green1 wrote:
Sam wrote:Given a choice and a bottle comes flying through your bedroom window or perhaps your keet;s bedroom window.....just what would you do?
Exactly what he did. Fire a warning shot. If another bottle comes through the window, then aimed fire. Not to kill. But certainly to prevent another bottle or rock coming into my house and possibly harming someone I love.
Ummm - get everyone out of the vicinity of the windows and call the police? Why inflame an already dicey situation?

Posted: July 3, 2006 1:35 pm
by green1
ScarletB wrote:Ummm - get everyone out of the vicinity of the windows and call the police? Why inflame an already dicey situation?
But it didn't inflame a dicey situation. it stopped a dicey situation in it's tracks. The police came, arrested the wrong person who was vindicated in court by a not guilty verdict. The police should have arrested the idiots throwing the bottles and rocks.

Posted: July 3, 2006 2:14 pm
by ScarletB
green1 wrote:
ScarletB wrote:Ummm - get everyone out of the vicinity of the windows and call the police? Why inflame an already dicey situation?
But it didn't inflame a dicey situation. it stopped a dicey situation in it's tracks. The police came, arrested the wrong person who was vindicated in court by a not guilty verdict. The police should have arrested the idiots throwing the bottles and rocks.
I'm sorry, I guess I'm one of those people who think that pulling a gun in any way, shape or form is a method of last resort only if your life is directly threatened which, although this situation was clearly very scary I doubt the people in the house were in danger of losing their lives from bottles and rocks. I do agree that something should have been done with the drunken idiots but shooting over their heads, at the ground or where ever seems like a bad solution. Just MHO

Posted: July 3, 2006 2:40 pm
by Sam
ScarletB wrote:
green1 wrote:
ScarletB wrote:Ummm - get everyone out of the vicinity of the windows and call the police? Why inflame an already dicey situation?
But it didn't inflame a dicey situation. it stopped a dicey situation in it's tracks. The police came, arrested the wrong person who was vindicated in court by a not guilty verdict. The police should have arrested the idiots throwing the bottles and rocks.
I'm sorry, I guess I'm one of those people who think that pulling a gun in any way, shape or form is a method of last resort only if your life is directly threatened which, although this situation was clearly very scary I doubt the people in the house were in danger of losing their lives from bottles and rocks. I do agree that something should have been done with the drunken idiots but shooting over their heads, at the ground or where ever seems like a bad solution. Just MHO
Are you saying rocks and bottles are harmless and cannot kill or injure?

Well he HAD CALLED THE POLICE. Aprroximately 10 mins later he resulted in use of force that he felt was neccessary.
He did use Mininum Force at all times.
Using a weapon /firearm to stop someone if all others means of force have failed is still the mininum amount of force required to STOP the individuals(s). He fired one round into a safe place.

The two people injured was their own fault. What was a 15 year old girl doing out at 0300 and in such a crowd?

Tell me, a Marine cannot identify a target and shoot it and kill it if he/she intends to.
He clearly had no intent to harm to kill. As to the possible liable suits on this....I hope the Marine will file his own libel against the establishments and the people involved.


This goes to prove you can call 911 all you like. The police may not get there in time or at all.
You have the benefit of hindsight in this situation and can easily second guess his decision that he had to make in the heat of the moment.
I hope and pray and send you Phinpower that you are NEVER involved in such a situation.

How did he know what they were going to do next?

How do you know what the badguys are going to do next?

Are you willing to see your home and property destroyed and depend on others to protect you and your faamily and property? ( yes you can use deadly force in protecting property that is inherently dangerous to others in some places)

How long will you wait for them to get there?

What do you do in the meantime and if they do not come?

Semper Fi, and KUDOS, Marine. Job Well Done by you AND THE JURY!!!

Posted: July 3, 2006 2:59 pm
by green1
ScarletB wrote:I'm sorry, I guess I'm one of those people who think that pulling a gun in any way, shape or form is a method of last resort only if your life is directly threatened which, although this situation was clearly very scary I doubt the people in the house were in danger of losing their lives from bottles and rocks. I do agree that something should have been done with the drunken idiots but shooting over their heads, at the ground or where ever seems like a bad solution. Just MHO
And yet the situation, as it unfolded, proved the marine to be correct in his actions. The idiots throwing the rocks stopped their antisocial behavior. Just because something may seem over the top to an outside observer does not make it so. The not guilty verdict places the label of legitimate use of force on his actions. Mind you, this not guilty verdict was returned in Massachusetts, not exactly the most gun friendly area of the country.

You agree that something should have been done, what would your solution be? Lay on the ground? Pray that the next bottle is not filled with gasoline and a burning rag? Or that the next brick does not hit your infant in the head? What is your solution to this volatile, dangerous situation that would avert the harmless discharge of a shotgun, and stop the violent acitivities of the mob in front of your house?