Posted: May 8, 2009 05:57 PM MST
No Charges Pending for Resident Who Shot Intruder Dead
By Ray Hershel
WILBRAHAM, Mass. (abc40) - A Wilbraham man is dead.
Police say he was shot by his neighbor.
The shooting happened Thursday night at Woodcrest Condominiums at 2205 Boston Road.
Police identify the dead man as 29-year-old David Gatti who lived in the same condo complex as the man who shot him.
Wilbraham Police Chief Allen Stratton says Gatti entered the condo unit without permission, "His behavior was threatening while in the residence and he continued to be assaultive as the resident retreated through his home."
The resident then reportedly got a gun and shot Gatti.
Police say the investigation so far shows the resident used the gun in self defense and is consistent with Massachusetts law.
Alan Black is a defense attorney and talked with abc40 about the legal parameters of using deadly force, "You can use deadly force if you have reasonable belief that the other person is going to use deadly force and that force is imminent and you are in reasonable fear of imminent force against yourself."
Residents of the condo complex like Robert Lucas are stunned, "I am shocked, it's a very, very quiet neighborhood, I've been living here for about 12 years and this is just shocking."
Why Gatti entered the residence remains a mystery according to Police Chief Allen Stratton, "He thought he was going to the door for help as there was noise outside his doorstep and as he opened the door the person entered without permission and advanced on him and had no knowledge as to why that was occurring."
At this time says chief Stratton, "No criminal complaints are pending."
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