Man shot at Ashmont T station

The scene outside Ashmont station. Photo by David Finnerty.

Boston Police report a man was shot around 7:40 p.m. just outside the station.

Officers on patrol saw the shooting and immediately took off after the suspect on foot. Police say they captured Balfour McLean, 22, of Dorchester, on Alban Street and charged him with assault and battery with a dangerous weapon, illegal possession of a firearm and illegal possession of ammunition. They also recovered the Ruger 357 firearm they say he discarded during the chase.

The victim was taken to the hospital with serious injuries, but is expected to survive, police say.

Dorchester Avenue was shut for the investigation.

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Comments

I'm sure I asked this before,

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I'm sure I asked this before, but is there a mandatory automatic minimum sentence for discharging a weapon within X feet of a public transit station?

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Crime within the city limits

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Crime within the city limits outside of special circumstances and at the federal building ranges, BPD range, and the one local gun club.

Crime within a certain distance of an occupied dwelling.

Crime within a certain distance of a public right of way.

Not that any of those charges are every applied by a prosecutor though.

Guys will be out in 3-5 or less with time served and the mandatory minimums for illegal possession will be ignored. Not to be cynical but that seems to be the normal treatment for gangbangers.

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Serious question

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If it is within City Limits, why should it make a difference?

City Limits

Some states have different laws depending on if you are incorporated (city) limits or on unincorporated land. For at least a century, maybe two, there hasn't been unincorporated areas in Massachusetts. You are always within city/town limits in the commonwealth. I'm unaware of any unincorporated areas anywhere in New England.

Gonna go out on a limb here...

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But I suspect that discharging a weapon into a person carries a heftier sentence than simply discharging a weapon.

But really, should be we be locking up people for years for simply firing a gun?

I'm in favor of at least taking their license away.

Discharging a firearm in a heavily populated are is dangerous for numerous reasons. For a negligent discharge (such as someone accidentally letting around off through carelessness) I'm in favor of taking away their ability to obtain and keep firearms.

If someone doesn't have a firearms license, doesn't have a firearm registered and lets a round go, I'm in favor of putting them away for a while.

Correct, JCK

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I was just responding to the comment about discharge within a certain distance from a train station. The "discharge" statute would be useful when a gun is fired but no one is hit (or sticks around to report having been shot at, constituting an assault with a dangerous weapon).
And what would you suggest is the appropriate consequence for people who "simply" fire a gun?

tale of the tape

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it appears by the crime scene tape that the station managed to dodge the gunfire so the T will report they have no reports of gunfire or injuries at the station.

I saw it happen

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Was across the street from where it happened. Right in front of the station, by the taxi cabs, not 20 ft from the front door of Ashmont T station. I'm not sure if the victim survived but I hope so. Never have seen a man get shot before, never want to again. Within literally 2 minutes, 10+ police vehicles had pulled up and three ambulances. Wish they'd be there all the time so this stuff doesn't happen in my neighborhood.

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