Friday, December 13, 2013
From news service reports
Use of deadly force justified against apartment intruders
New Hampshire Attorney General Joseph Foster on Wednesday validated a Manchester man's use of deadly force against two men who kicked in his apartment door in the middle of the night earlier this month.
Ian Peters, his fiancee and her 3-year-old son were asleep in their Lake Avenue apartment when Peters awoke to footsteps on the porch outside their bedroom. He also heard someone attempt to turn the doorknob of the apartment's front door. When the door did not open, according to Foster's report, two men kicked it open and rushed in.
Peters grabbed a handgun as his fiancee ran into her son's bedroom. He fired several shots, and one of the intruders ran outside. Peters confronted the second intruder, who began punching him in the head. Peters' gun went off and the intruder, identified as 24-year-old Michael Larocque Jr., fell to the floor.
Peters immediately called police, according to the report, and the dispatcher instructed him and his fiancee to wait for them outside the home.
Foster determined that Peters' use of deadly force was justified because he was in harm's way and had no duty to retreat.
Foster said Peters did not know Larocque, but further investigation showed he was an acquaintance of someone who knew Peters' fiancee and had targeted Peters. The identity of the second assailant is not known.
Although Larocque was not armed, the report says Peters had no way of knowing that.
"Since Ian Peters had a right to be in the apartment and was not the initial aggressor, he had no duty to retreat before using deadly force in the face of two men who had broken into the apartment and were charging at him," the report states. "And when Peters did use deadly force, he did not use excessive force and limited his use of force to what was reasonably necessary under the circumstances."
Law targeting foreclosures aims for loan modifications
The Massachusetts Division of Banks has finalized new regulations aimed at blocking national and state lenders from foreclosing on a property if it costs less to modify the existing mortgage.
Undersecretary of Consumer Affairs Barbara Anthony said the regulations are the result of a law signed by Gov. Deval Patrick last year and are an added tool for homeowners.
She said the absence of the requirement was a contributing factor to the state's foreclosure crisis.
Commissioner of Banks David Cotney called the change a "win-win for lenders and consumers" because the cost of modifying loans is often less expensive than foreclosing.
The law signed by Patrick requires mortgage lenders to offer modifications to some loans that are deemed as "risky." It also bans lenders from pursuing foreclosures without proper documentation.
Man arrested after seeking remote for stolen television
Police say a Salem man has been arrested after he came looking for the remote control for a neighbor's stolen television.
The Salem News reported that Miguel Suarez is facing charges of receiving stolen property and malicious destruction of property.
Police said the TV was stolen Friday after its owner told Suarez that she'd be out. But they said Sunday Suarez barged into the apartment and said he was searching for the remote. When his neighbor said the thieves took it, Suarez allegedly said "No, they didn't."
Police said Suarez briefly ran into his bedroom when they visited Monday. Police said they later found the damaged TV outside, after it apparently was tossed out Suarez's sixth-floor window.
His attorney said Suarez denies the allegations and pleaded not guilty at his arraignment.