Via Instapundit, I came across this
opinion piece in the Boston Herald discussing the case of Anthony McKay.
McKay noticed his neighbor, Lynn Johnson, breaking into his vehicle and stealing the tools he uses to make his living and confronted him. The thief responded by shoving McKay in the chest and coming at him. McKay struck him in the face, breaking his jaw, and held him until police arrived. Upon arrival, police discovered the thief had a police baton, heroin, and a knife with a blade over 2.5". The police arrested the thief on these charges.
Swampscott police then charged McKay with aggravated assault and battery (a felony) for confronting the thief.
Due to the firestorm of bad publicity received over this incident, the DA declined to prosecute; but made it clear to both the press and the defense attorney that self-help was frowned upon and that they would continue to prosecute similar cases.
A couple of points about this stood out to me:
1. General confusion over laws of self-defense in Massachusetts. The opinion columnist asked 3 different attorneys for advice and got three different answers, though all recognized that confronting the thief put you in a bad legal position in MA.
2. McKay was very fortunate his thief didn't try to use the knife or baton on him. It goes to show how dangerous making assumptions about another's capabilities can be.
3. Media exposure can get justice when the law won't provide it; but it seems an iffy approach at best.