MA High Court Rules Bomb Threat not a Threat of Force
In a case involving a bank robbery where the accused passed a note to the teller stating he had a bomb, DOMINGO AGOSTINI vs. COMMONWEALTH, the defendant was ordered by the lower courts to be held without bail under the “dangerousness” statute.” But the Massachusetts Supreme Judicial Court ruled he was not a danger to the public!
From Agostini:
“We conclude that, because armed robbery may be committed through the application of minimal physical force (such as a purse snatching), and without the display or otherwise use of a weapon, armed robbery is not a predicate offense under the force clause of § 58A.”
“Conclusion. Armed robbery, G. L. c. 265, § 17, does not qualify as a predicate offense under the force clause in G. L. c. 276, § 58A (1).”
This is the same law that was used to detain Kyle Culotta without bail for four months for simply exercising his Second Amendment civil right. Only Kyle never threatened anyone.
“This same court that ruled a bomb threat is not a danger to the public, refused to review Kyle’s case - a man who was never a threat to anyone,” said Jim Wallace Executive Director of GOAL. “We continue to witness our state government, including the courts, eviscerate our Second Amendment civil rights while intentionally allowing violent criminals to walk free. A policy that is supported by all three branches of government in the Commonwealth. The rights of criminals seem to be endless while the rights of lawful citizens are vanishing.”
Justia Case Review: https://law.justia.com/cases/massachusetts/supreme-court/2026/sjc-13827.html
Massachusetts Dangerousness Statute:
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section58A
Kyle’s SJC Ruling: https://caselaw.findlaw.com/court/ma-supreme-judicial-court/118021560.html