Congratulations to Frank Flannery on a huge win!!!
SPRINGFIELD — Hampden Superior Court Judge Constance M. Sweeney on Tuesday found Jeffrey Lovell not guilty of manslaughter in the fatal shooting of a teenager he believed was a burglar.
Lovell, 44, of Chicopee, was charged with voluntary manslaughter for the shooting that killed 15-year-old Dylan Francisco on July 16, 2016.
Francisco had gone with two other teens to Lovell’s home, thinking it was the nearby home of a friend.
Lovell said he thought Francisco was trying to break into his house when he shot the teenager through a door with a 9 mm semi-automatic pistol. He said he kept the gun, loaded with one round chambered, in a safe by his bed.
When he took the stand on Monday, Lovell testified he was afraid the person pounding on his door at about 12:30 p.m. was going to get into his house and seriously injure or kill him and his family.
Under cross-examination by Assistant District Attorney Karen J. Bell, Lovell said he did not tell the person at the door to go away, or tell him he was calling police, or tell him he had a gun and was ready to use it.
Defense lawyer Frank Flannery argued that Lovell made a reasonable decision given the circumstances when he shot through the door.