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Criminal Law Keyed to Weaver
Massachusetts v. Hinds
Facts
John Hinds (Defendant), who lived with his aging mother in the mother’s house, had an ongoing dispute with siblings Patricia Melo (Melo) and Warren Beranger (Beranger). Defendant denied the siblings access to the house, and Beranger, who held the mother’s power of attorney, threatened to sell the house and kill Defendant. Defendant obtained a temporary order of protection that was dismissed after hearing 13 days later. On the day the order of protection was dismissed, Melo, Beranger, and Beranger’s wife Mary arrived at the mother’s house. Melo forcibly pushed past Defendant and entered the house, while Beranger and Mary waited at the corner outside. Because Melo was yelling and cursing at the mother and threatening to put the mother in a nursing home, Defendant shot Melo in the head. As Melo lay on the floor, Defendant exited the house, walked to the corner, and yelled at Beranger and Mary to leave Defendant and the mother alone. As Mary placed both hands on a pocketbook, Defendant shot Mary in the head. When Beranger pushed back his coat, Defendant shot Beranger in the head and back. Defendant claimed that the shooting occurred in self-defense, because Defendant thought that Beranger and Mary were reaching for weapons.
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