Legal Question in Criminal Law in Massachusetts

So this is a question that I have been wondering about for a little while after hearing a discussion about it in school. It's a very hypothetical situation, but I think it would be very interesting, legally speaking. It would be terrible if were to happen in real life for the victims and the person I will call Bob if legal action is possible. On to the question: Let's say Bob is a minor, age 16, and some crazy man with a gun walks into a room with 60 people and starts shooting. Somehow Bob manages to get out and runs to the security desk, leaving his friends behind, and find the guard dead behind the desk. Not knowing what to do, he grabs the security guards gun and calls 911. The response time is said to be 2-3 minutes. Meanwhile, he hears gunshots in the background and runs back into room. Bob then takes a couple shots at the shooter, killing him. By the time the shooter is killed, 20 of his friends are dead, 30 wounded, 10 unharmed. All the survivors confirm the story that Bob told about that incident to the police. My question is: Can Bob be held legally responsible for killing the shooter even though he saved 40 lives, having to serve time in jail or face other penalties. I can see the shooting someone without a gun permit might be a problem, but I don't know if that applies in this situation. I also could see a possible murder or manslaughter charge, but again, don't know if it would apply, considering that while 20 people died, he probably saved the remaining 406.

Thanks for reading this far and thanks in advance for your answers,

Sam


Asked on 7/14/11, 5:47 pm

3 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Wrong site

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Answered on 7/14/11, 5:59 pm
Edward Hoffman Law Offices of Edward A. Hoffman

It is legal to use deadly force when defending yourself or third persons against the wrongful use of deadly force. In your hypothetical, Bob's actions would be entirely legal. The authorities would investigate in order to learn as much as possible about what happened but, if they conclude that your version of events is correct, then Bob would likely not be prosecuted. And if he were to be prosecuted, he would likely be found not guilty of any crime.

That Bob is not yet an adult seems irrelevant, as does the fact that he didn't have a gun license. The need to protect others from the shooter would excuse all of the otherwise-illegal conduct you have described.

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Answered on 7/14/11, 6:12 pm


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