***!?!? Pepper Spray is considered a firearm?!?!?

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Sportcat

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http://www.boston.com/news/local/ma...ion_with_student_leads_to_arrest_of_woman_48/

Confrontation with student leads to arrest of woman, 48
By Scott Goldstein, Globe Correspondent | March 18, 2005

The snowballs came flying at the gray Honda. The driver allegedly became angry. A 16-year-old bystander got an eyeful of pepper spray.

It all happened in the parking lot of Andover High School Wednesday afternoon, the latest in a series of altercations between adults and juveniles to end in criminal charges.

At about 2:30 p.m., 48-year-old Marie Needs was picking up her child from school when a group of students began throwing snowballs at her car, said Andover police Lieutenant William MacKenzie. Needs became angry, yelled at them, and sped around the parking lot, MacKenzie said.

''She was driving through the parking lot, and she had got hit with a snowball or two," said Joey Cataldo, a 16-year-old Andover High School junior who by all accounts was not part of the group throwing snowballs.

Needs then parked her Honda, blocking Cataldo's Lincoln Town Car, and went after at least one of the students with a tire iron in her hand, according to Steve O'Connell, a spokesman for Essex District Attorney Jonathan W. Blodgett. At some point, Needs told police, she was hit with a snowball.

Needs then went back to her car and grabbed her pepper spray, O'Connell said. Cataldo said that was when he asked her to move her car so he could leave for his job at his grandfather's construction company.

''She kept telling me just to not say another word," Cataldo said.

Cataldo said the confrontation lasted about two minutes before she sprayed him in the face.

Cataldo said a friend helped him inside the school to a locker room, where he washed his face and eyes. Police were called and arrested Needs after conducting interviews at the school.

Needs told police that she sprayed Cataldo after he got sarcastic with her and that she felt threatened, according to MacKenzie.

Now Needs faces charges of assault and battery with a dangerous weapon, assault with a dangerous weapon, and carrying a firearm, the pepper spray, without proper registration, O'Connell said. She pleaded not guilty yesterday to all three charges.

Needs's lawyer, Robert Lewin, declined to comment on the case yesterday and said he advised Needs not to talk to the media.

''I don't try my cases on TV, and I don't try my cases in the press," Lewin said. ''I try them in court."

Andover High School officials did not return calls for comment.

Yesterday afternoon, Cataldo said that his eyes still felt irritated, but that he didn't think his vision was affected.

He denied that he had threatened Needs. ''I'm not sure how she would feel threatened," he said. '' was just standing there."

He said the students had randomly targeted her and that snowball throwing incidents are a common problem at the school.

Other recent allegations of adults assaulting children have come at youth sports events.

Jordan Waldman of Swampscott pleaded not guilty last month to assaulting 8-year-old Cameron Byrne at a Salem-Swampscott Youth Hockey League game in December; Waldman's son and Byrne had been shoving each other on the ice beforehand, witnesses said.

And Valerie Yianacopolus of Wakefield was found guilty this month of assaulting an 11-year-old boy cheering the opposing team at her son's Little League game nearly two years ago. She was sentenced to community service and an anger management program, among other penalties.

Needs, who does not have a criminal record, was released on the condition that she stay away from Cataldo and the high school, and not get into further legal trouble while the case is pending, O'Connell said.

She is scheduled to return to court April 15 for a pretrial hearing.
 
Yeah, that's MA for ya.

Sorta like the way Jersey defines bb gun as firearm.

At least Jersey defines pepper spray as a "prohibited offensive weapon", or some such.
 
She was carrying a firey blast in that can, yup ;)

Anyways, sarcasm is not an excuse for assault. She's off her rocker...
 
Pepper spray is not a firearm no matter what the 'authorities' say. Nonetheless, I can think of a great affirmative defense for a 48 yo woman, probably undergoing a time of life that is out of her control. Or, maybe she's a vegan and her electrolyte/amino acids are out of balance.
 
If you can't handle getting your car pelted with a few snowballs, what good are you? And to think, this lady has a kid (or kids) of her own. She needs to get a grip and as someone else said, a sense of humor.

On the firearms charge--what else do you expect out of taxachussetts???

Greg
 
Its illegal to carry PerrySpray in some States and if its in Ted " I killed a young woman that night and got off " Kennedy's State I am sure she will be in Jail the rest of her Natural born life for not being a Elitist like John Kerry :neener:
 
...you have an obligation to attempt to leave ...

I think in Mass that you have an obligation to attempt to leave what ever is threating you. Unless she couldn't leave the area, she broke the law when she sprayed the young man.

I have no opinion as whether he "needed" it or not.


Respectfully,

jkelly
 
50/50

did she spray the wrong guy? maybe, if so she should go to trail (not for gun charges though).but to those who want her to "get a grip or sense of humor"
if someone pelts me with a snowball they will get like in return but if some one throws something at a moving auto in a school parking lot they could cause some bad things to happen, not to mention that i would not like having hard packed "ice" damaging a piece of property that cost me serveral 10's of thousands of dollars. bad acting on all parties part as far as i can see.
 
Her mental stability and rage aside, the real issue concerns the definition of pepper spray as a firearm. Sounds to me like the cops were just throwing one more in there for the heck of it knowing it won't stick. She will probably take a plea deal for assault or something. Or she will fight it and lose.
 
It's the way MA works ... that pretty much says enough but it isn't as if it's difficult to legally carry OC , you just need to go to the police station with proof of residency and $25 and fill out a Class D Firearms ( yeah ) Identification card . I have never heard of anyone being denied a permit for it , I'm sure that it has happened but it's fairly close to a formality if you're over 18 and have a clean criminal record .
 
It's the way MA works ... that pretty much says enough but it isn't as if it's difficult to legally carry OC , you just need to go to the police station with proof of residency and $25 and fill out a Class D Firearms ( yeah ) Identification card . I have never heard of anyone being denied a permit for it , I'm sure that it has happened but it's fairly close to a formality if you're over 18 and have a clean criminal record .

Great. They have to PAY MONEY and ASK PERMISSION to carry pepper.
 
Hmmm...

To my thinking, sense of humor has nothing to do with it.
I would be extremely unhappy (I'd do a little yelling,too) to have some kids pelting my car with snowballs. And I would be extremely unhappy if I saw my kids throwing snowballs at passing cars.

This lady does need to excercise some self-control, though. You can't go around chasing kids (who the article, interestingly, implies were "children") around with tire irons. Did the one she sprayed act like a smartass? Fairly likely, but that doesn't mean he's fair game to be sprayed.

She was in a no-win situation, and she let herself get carried away. She should get a slap on the wrist for that.

The "firearm" case is ludicrous, but hey look at the locale.
 
To my thinking, sense of humor has nothing to do with it.

Good point. I have seen some snowball fights escalate into near-riots that have ended up causing 1000's of dollars in damages. Plus, some jerk always ends up making an iceball. It depends on the situation, but I would be pretty mad if someone started pelting me with snowballs when I was picking up my kid. I wouldn't chase them around with a tire iron, but I sure as heck don't feel sorry for this joker.

I love this part:
Cataldo said that was when he asked her to move her car so he could leave for his job at his grandfather's construction company.
...after that he had to go to the orphanage, where volunteers at every night...
 
I'm not exactly certain why she should "get a sense of humor" about this. Do YOU like having your 15 to 60k investment pelted with snowballs packed from a probably rocky parking lot by punks who would actually love to see some form of damage or an accident(so long as they didn't have to take any responsibility for it)? Maybe, just maybe, those kids will think twice before attacking and vandalizing the next automobile they see.

As far as the pepper spray... Taxachussettes, what more can one say?
 
i agree with One-shot-One. sense of humor an lightening up have nothing to do with letting totally disrescpectful, inconsiderate and potentially damaging behavior slide. as far as i'm concerned, the snow ball throwers should be cited for vandalism or destruction of private property and both them and their parents should be punished. there is absolutely NO excuse for this type of behavior period.

the pepper spraying soccer mom is also in the wrong and deserves to be charged. still, if some parents would have taught their kids some frickin' manners and respect for other people and their property, it wouldn't have happened in the first place.

Bobby
 
It is even worse when a serial rapist preys on a Mass town and in news reports the local police chief is reporting that demand for pepper spray permits has quadrupled, but cautions the public not to overreact. :banghead:

Thank all that is holy that I live north of the border, even if I am employed south of it.
 
How come no one commented on her and the tire iron first. She went back and got the pepper spray, what was she going to do with the iron hit a kid for throwing a snow Ball. The tire iron is a deadly weapon she deserves what she gets.
 
pepper spray... firearm... I see a definite difference there. but then I also do not consider a knife a "gun".
just my thoughts.
 
Needs then parked her Honda, blocking Cataldo's Lincoln Town Car, and went after at least one of the students with a tire iron in her hand
Too bad the student didn't knock her out like she deserved. Or shoot her with a legal CCW. The lady is dangerous, and unbalanced. And they let her walk on her own recognizance?

Assault, assault with a deadly weapon, battery. False arrest and false imprisonment by blocking in the guy's car, and preventing him from leaving the scene. Lucky the spray needs a license, because we wouldn't want it to get in the wrong hands.

Need more laws, since it's obvious the ones we have aren't working.
 
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