YOUR COMMENTS

ba, derrry...you're not a lawyer, even if you think you play one on tv.

if this were a real act of self defense, then why did he run? if it were me, i would've done the exact same thing, al beit, i wouldn't use an axe. however, i would've called the police right away. running away wouldn't be considered or necessary!
- fpc, bedford

I guess I stand corrected. I've read the deadly force law but apparently didn't see that part of it.

I've also had it explained to me by a Lt. of the local Police Department and he did not note that. I'll relook at the statute

Well, maybe he'll luck out on using this defense.

Thanks for providing this information. I'll bet a lot of people didn't know it.
- BA, Derry

BA, Derry:

Here is the law that says deadly force can be used to stop a sexual assault:

627:4 II

A person is justified in using deadly force upon another person when he reasonably believes that such other person:
(a) Is about to use unlawful, deadly force against the actor or a third person;
(b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;
(c) Is committing or about to commit kidnapping or a forcible sex offense
- Quinn, Bow

I see no reason why he should not be allowed any defense he wants. That doesn't mean he will prevail. After all, anytime courts attempt to limit defense it raises the specter that the defendant did not get a 'fair' trial. Somehow, despite strange defenses, the truth seems to come out in virtually all trials.
- Peter, Jaffrey

If this were a woman, and she was claiming she awoke to find herself being raped or sexually assaulted there would be no question as to her innocence. Unfortunately there is a stygma about a man being raped. If it were a woman, she would have never fleed, and she would have never spent a minute behind bars, and nobody would say anything like "come on......16 blows to the head? that doesn't sound like self defense to me. I don't buy it. Maybe 1 or two and run like heck...but not 16"
- Ryan, Newton NH

To catherine of manchester:

I could answer your question but you should simply look it up under the NH Revised Statutes.

Their all on line and a comprehensive definition will be there for you to read.

The statutes are provided to answer questions such as yours and it's also an interesting read.

Vheck it out. use google to find it. it's easy.
- BA, Derry

Even if the sexual assault defense is substatiated it does not give the defendant the right to use deadly force against the landlord.
Under NH law, one can only use deadly force when deadly force is imanent against him and he has a reasonable expectation to fear for his life. There was no such act here.
If it's not first degree it's certainly second degree. However as the law goes, he's innicent until proven guilty. His attorney’s have an obligation to provide the best defense possible. They take ab oath to do that. It’s their job but I doubt this defense will fly, quite a longshot.
- BA, Derry

Frank, if you are caught driving as a habitual offender you are not held in jail to await trial. In most (if not all) cases, the offender is let out on bail. The mandatory minimum is one year but NH recently has started to allow offenders to serve the majority of that sentence on house arrest.
- Ashley, Portsmouth

He sounds like a man with lots of integrity. I'm sure Mr. McDonald isn't lying about what happened and that he was just defending himself. haha
- Bill, Dunbarton

come on......16 blows to the head? that doesn't sound like self defense to me. I don't buy it. Maybe 1 or two and run like heck...but not 16.
- tracy, manchester

Habitual offender is for driving like cliffy said, but it now carry's a minimum mandatory sentence of one year at the nh state prison.
- P, Londonderry NH

Cliffy of Amherest: If you are caught driving after being deemed a habitual offender, the sentence is 1 to 5 years with 1 year being the mandatory minimum. NH is the only State to have such a law.

It is my impression that if you are caught driving after being deemed a habitual offender, you are automatically transported to the local jail to await trial. Why the heck wasn't this guy in jail????
- Frank G., Laconia, NH

Catherine from Manchester... habitual offender is a driving offense. After having so many points affixed to your drivers license you can be deemed an habitual offender by the state of NH. In this case it appears he was an habitual offender and was caught driving a vehicle while being in that status. The penalty for that is up to a year in jail. It has nothing to do with forgery.
- Cliffy, Amherst

Before his arrest for the murder, McDonald had a criminal record that included forgery and being a habitual offender. He was facing a 2-to-4-year prison term for an outstanding forgery case in Strafford County Superior Court.

What was he being a habitual offender of? Was it the same charge, forgery, or different charges??
Anyone out here know if you can be declared a habitual offender for just offending in general or is it restricted to one type of crime??
- Catherine, Manchester