VICTORY! Massachusetts Supreme Judicial Court Issues Landmark Self-Defense Decision

Gun Owners’ Action League (GOAL) is thrilled to announce a historic victory in the Commonwealth v. Santana-Rodriguez case. In a tragic turn of events, a man was attacked in the Holyoke Mall and was forced to use his legally possessed handgun for self-defense. Sadly, he missed his target, killed an innocent bystander and was charged with first-degree murder. In the momentous opinion, the Supreme Judicial Court (SJC) held that when a person acts in lawful self-defense, and in the process tragically kills an innocent bystander, that person is entitled to an acquittal — unless the Commonwealth can prove the act was wanton or reckless. In such cases, the only possible conviction is involuntary manslaughter, not murder.

Attorneys Daniel Hagan, a Board Member of GOAL, Daniel D. Kelly, and Kyle J. DeSousa, who represent Kenneth Rodriguez, are calling today’s ruling by the Supreme Judicial Court a complete and total victory for lawful self-defense in the Commonwealth.


“This decision represents a sea change in Massachusetts self-defense law,” said Attorney Daniel Hagan. “For the first time in 250 years of Commonwealth history, the Court has made clear that those who act lawfully to defend their own lives are not to be treated as murderers for a tragic accident beyond their control.”


Prior to this ruling, a defendant in such a situation could face first-degree murder charges — even when acting lawfully in self-defense. The Court’s opinion now ensures that mere negligence is not enough for criminal liability. Only conduct that rises to the level of wanton or reckless disregard for human life may be punished.


“This is a groundbreaking recognition of the right of self-preservation,” Hagan said. “Gun owners and citizens across Massachusetts can take comfort knowing that if they are ever forced to defend themselves lawfully, they will not be treated as criminals for an unforeseeable tragedy.”

“Thanks to the tireless and superb work of Attorney Dan Hagan and his brilliant legal team, self-defense law in Massachusetts looks completely different today than it did yesterday,” said Jim Wallace, Executive Director of GOAL. “This is a rare instance where the Commonwealth’s highest court has finally stood up and done the right thing and protected the citizens’ civil rights.”