Another Senseless Shooting

Another Senseless Shooting

Introduction

We move our families away from overcrowded, crime filled cities, to quiet neighborhoods, in peaceful, trouble-free towns honestly believing we’re safer from the more perilous human transgressions. However, after reviewing the statistics, I found something surprisingly too real. The number of murders in metropolitan areas, with under 25,000 residents to 100,000 and over hasn’t changed significantly from 2006 to 2009. However, there were more murders, across the board, in nonmetropolitan communities, where populations range under 10,000 to 25,000+ (United States Department of Justice, 2010).

On Monday, August 15, 2011, at approximately 1:00 p.m., life, in the quiet neighborhood of Reading, MA changed, and would never be the same, especially for the families of Joe Ronan and John Burke. (YouTube, 2011).

That Fateful Day, August 15, 2011

According to FOX 25 News, 22-year-old Joe Ronan, a high school hockey star, and soon to be Marine was gunned down in his own home. A prompt investigation was initiated by police, who asserted Ronan’s wounds undoubtedly came from a gun, assumed to be a .22 caliber type. They claimed the death appeared strange, but did not want to conclude it was a homicide just yet. (Feely, 2011a).

The District Attorney’s Office indicated the shooting was not a “random act,” (Feely, 2011b). and the autopsy confirmed the death a homicide. Ronan’s body was found on a couch by his grandfather, who heard the multiple gunshots. (Freely, 2011b).

Finally, John Burke, 25 was arrested for the shooting. He was charged with both first degree murder and possession of an illegal firearm, (Feely & Lordan, 2011). but pled not guilty. District Attorney Gerald Leone said, “We allege that this defendant intentionally and purposefully shot the victim numerous times with the intent to kill him over what appears to be a drug related dispute.” (Felly & Lordan, 2011). Burke’s was denied bail.

What Happened Next? Stages in the US Criminal Justice System

When an individual is arrested it is because the police believe they have enough evidence to charge the person with a crime. John Burke, originally arrested for first-degree murder, was read his Miranda rights,

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. (FindLaw).  

Burke was then taken into police custody and formally charged with the offense. He was fingerprinted, photographed, and his name along with other details of the crime were entered into a log. This procedure is known as being booked. However, if there wasn’t adequate evidence, he could have been released. (Reid, 2006).

 Right after his arrest, Burke’s initial appearance before a magistrate was required to to determine if there was “probable cause,” or ample supporting evidence that he was the one most likely to have committed the crime. At the preliminary hearing, all evidence was considered, with allegations either dismissed, or formal charges pronounced and explained. The charges were brought before a grand jury indictment. It is similar to the initial appearance, but isn’t required in all jurisdictions. (Reid, 2006).

On August 22, 2015, John Burke was arraigned at the 4th District Court in Woburn, and charged with first-degree murder. At the arraignment he was sanctioned to enter a plea for the first time, (Reid, 2006). and pled not guilty to the charge of murder and possession of an illegal firearm. (Feely & Lordan, 2011). By pleading not guilty, a date for the trial was set, and bail usually granted. Nevertheless, due to the gravity and magnitude of this particular crime, the court denied bail for John Burke. (Feely & Lordan, 2011).

Burke Changes Plea to Manslaughter

Since the sentence for first-degree murder is life in prison or worse, (Ryan, 2013) John Burke plead guilty to a lesser charge of manslaughter, in the Middlesex Superior Court. (Ryan, 2013). According to the Uniform Crime Reports (UCR), the terms murder, homicide and nonnegligent manslaughter, are described and classified with slightly different meanings and penalties. Homicide is a general label used to signify all killings, and murder an act of indefensible killing, with intent, malice and forethought. Manslaughter on the other hand is the illegal killing of another individual, but may be involuntary, lacking malice, with extenuating circumstances, such as ample incitement, reducing the offense, and with some cases of manslaughter even considered justifiable. (Reid, 2006). Manslaughter can also be considered voluntary, meaning the perpetrator didn’t have the intent or malice, but committed the crime in the heat of passion, for example. (Reid, 2006.)

John Burke received a sentence of 18 to 20 years in prison, (and another 4 to 5) for possession of the illegal weapon. Counting the two years since he was arrested as time served, and with good behavior, it was possible Burke could be released from prison in 15 years. He would only be 40-years-old at that time, so it did seem like a legitimate action to take. (Ryan, 2013).

Burke is Tried, Sentenced and Now What?

This case was rather cut and dry. Almost from the get-go, John Burke was identified as the shooter of Joe Ronan. He was tried, convicted of manslaughter and carrying an illegal weapon, and received the sentence stated above. (Reid, 2006).

Many convictions are appealed, if they find new evidence, believe the trial was biased or violated their rights, and a host of other reasons. Some are valid, while most are feeble attempts to get out of jail! If a judge at the appellate court believes their trial was skewed, the jury prejudiced, evidence was distorted and slanted, or the entire case mishandled and corrupt, he or she has the right to overturn the sentence and release the inmate, or order a new trial. (Reid, 2006).

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