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Paraplegic faces jail in violent citizen’s arrest

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  • Paraplegic faces jail in violent citizen’s arrest



    Cape and Islands District Attorney Michael O’Keefe is pressing ahead with a felony assault charge that could put a paraplegic grandfather in the slammer for up to 10 years for whacking his 3-year-old granddaughter’s alleged molester with a Louisville slugger after setting a trap for his arrest.

    As a result of 57-year-old Martha’s Vineyard computer salesman Frank Hebert’s unconventional citizen’s arrest, Joshua A. Hardy, 27, of Middleboro, now faces child molestation charges in a second case out of Wareham involving another little girl, authorities tell the Herald.

    “I’m not a hero, that’s for damn sure,” Hebert, his voice cracking, said last night. “I’d do it again tomorrow, knowing the consequence. I didn’t have a choice. A 10-year-old kid could take me. This is not about me. This is about a tiny child. I would never tell her I took a risk for her. I’d tell her I loved her.”

    Hebert, left confined to a wheelchair with only partial use of his arms after a car crash in Falmouth a decade ago, was summonsed to Edgartown District Court on March 25 and charged with assault and battery with a dangerous weapon. He said he was advised by a judge to get an attorney and is due back in court May 2 for a pretrial conference.

    O’Keefe refused to discuss Hebert’s prosecution last night, saying only, “It’s a case that will take place in court and that will be the appropriate time for public comment.”

    Hardy, meanwhile, is being held at the Plymouth County House of Correction on $125,000 cash bail. Assistant Plymouth District Attorney Bridget Norton Middleton said Hardy was arraigned Feb. 23 in Wareham District Court on three counts of indecent assault and battery on a child under 14, one count of enticing a child and one count of disseminating obscene material.

    A subsequent investigation into separate accusations, Middleton said, led to Hardy being charged last month by Wareham police with two counts of indecent assault and battery on a child under 14 based on incidents alleged to have occurred Jan. 7 and Jan. 17 involving another alleged victim.

    Hardy’s Taunton attorney, Jean Marie Whitney, did not return multiple calls seeking comment.

    Hebert’s granddaughter is the child of his life partner’s daughter, but he considers her his kin. The child goes by a different name and her mom married the accused last summer.

    Hebert claims it was over Christmas that the tot began asking her grandparents to protect her.

    On Feb. 22, Hebert said his partner took her daughter and granddaughter, who were visiting, back to the mainland to talk to police, while he lured Hardy to his Mac PC Sales and Service shop in Vineyard Haven.

    Hebert said “fear” prompted him to bring a baseball bat to the rendezvous and call state police to back him up.

    Hebert said he pointed the bat at Hardy and ordered him to stay seated until police arrived, but Hardy, he said, stood up and laughed at him — and that’s when he used the bat.

    “All I had was a 39-inch-long baseball bat,” he said. “I never intended to hit him. If I was a standing man, I wouldn’t have brought a bat, but without it, I am a bloody ragdoll.”

  • #2
    Yea..............................well the District/County Attorney can charge him all they want.


    Getting a jury to convict him will be another matter --------at least in my neck of the woods.
    Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

    My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

    Comment


    • #3
      I'm thinking a parade in his honor is more appropriate than a trial....
      Originally posted by kontemplerande
      Without Germany, you would not have won World War 2.

      Comment


      • #4
        Originally posted by Iowa #1603 View Post
        Yea..............................well the District/County Attorney can charge him all they want.


        Getting a jury to convict him will be another matter --------at least in my neck of the woods.
        He may not be as lucky in the area he lives in.....this happened in Massachusetts.
        The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

        "Politicians are like diapers. They need to be changed often and for the same reason"

        "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

        Comment


        • #5
          This is the guy they should have given the "To Catch A Predator" TV show. He would make a much better host. Seriously, how could Hollywood miss this?

          Sitting down and talking with pedophiles
          vs
          Hitting pedophiles with baseball bats

          Sheesh that writer's strike really hurt them didn't it!

          Comment


          • #6
            Although a pedophile getting the crap kicked out of him makes me feel all warm and fuzzy inside, it's a little hard to justify using deadly force in defense of yourself when you called him to you and brought the deadly weapon to the confrontation.

            Comment


            • #7
              I'm trying very hard to surpress the urge to comment this case has no legs to stand on......so I won't.

              Seriously though....it's the alleged set up aspect with this case there are issues with. Can't say I blame this guy one iota but if he really wanted to set a sting/trap, he probably would have been better served to involve the local PD. Hopefully, he'll still make out okay. Opt for a jury trial if it goes that far.
              sigpic
              Our houses are protected by the good Lord and a gun.
              And you might meet 'em both if you show up here not welcome son.

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              • #8
                I’d certainly request a jury trial. Not a jury on earth is going to convict that man.

                Comment


                • #9
                  Originally posted by The_Lor View Post
                  I’d certainly request a jury trial. Not a jury on earth is going to convict that man.
                  Load the juries with guys wearing cowboys hats and he'll be fine.

                  Hemp and tie-dye? He's going to jai..

                  Comment


                  • #10
                    I hope he get an attorney that chews the prosecuter up and spits him out. And that the case gets tossed out at the first hearing by the judge.
                    Last edited by DeputySC; 04-05-2011, 04:30 PM.

                    Comment


                    • #11
                      Originally posted by LA DEP View Post
                      He may not be as lucky in the area he lives in.....this happened in Massachusetts.
                      I know..........that's why I put the disclaimer.
                      Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                      My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

                      Comment


                      • #12
                        I'm from MA, and I honeslty can't decide what the state will do...

                        thats why I'm moving out haha.
                        NYPD
                        Exam Taken 10/31/09
                        Exam: #0308 Score:91.XXX%
                        List Number: 5xx

                        PPB
                        Exam: Passed
                        PAT: Passed
                        Oral Board: Passed
                        Background Investigation: Ongoing

                        Massachusetts Civil Service
                        Exam: 4/30 Awaiting Results

                        NPD CSO Summer 2011.

                        Comment


                        • #13
                          So, am I reading this right, a paraplegic beat the **** out of a child molester? Sorry I find that funny.
                          It could be that the purpose of your life is only to serve as a warning to others.

                          Comment


                          • #14
                            Some things worth going to jail for.
                            Prov 17:17 A friend loveth at all times, and a brother is born for adversity.

                            Comment


                            • #15
                              The wheels of justice...

                              Comment

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