FRANKLIN – A Worcester man charged with a shootout that killed an Attleboro man was a victim of an attack and should not have been charged, his attorney said Thursday.
Marcus Thibodeau, 26, is released on $ 1,000 bail after being found innocent in Dedham Superior Court on Wednesday.
He is charged with illegally carrying a firearm, illegally possessed ammunition, and committed two cases of misleading police, but is not charged with fatal shots.
The charges stem from an investigation into the October 29, shooting of 26-year-old DeAndre A. Scott at his ex-girlfriend’s home on Elmwood Street, Franklin.
Scott, a former Frankliner who had moved to Pine Street in Attleboro, was reportedly armed with a knife when he and another man entered the house.
Scott reportedly quarreled with the woman before moving into a bedroom Thibodeau was in. A gun was fired and Scott fell to the ground with a gunshot wound to the chest, according to court records.
An hour later he was pronounced dead at the Milford Regional Medical Center.
“Mr. Thibodeau and his girlfriend were victims of an armed attack at their home. As a result of that armed attack, one of the intruders was shot,” said Franklin defense attorney Joseph Cataldo.
“Given the circumstances of the case, we believe that no charges should have been brought against Mr. Thibodeau.”
The man who accompanied Scott to the house told police he tried to stop Scott after grabbing a knife. He said Scott had gone into the darkened bedroom when the gunshot went off, according to court records
The man told the police that Thibodeau came out of the room and said, “What should I do? He came up to me. “
Police say Thibodeau called 911 and told a dispatcher that someone had been shot without giving details.
Thibodeau allegedly told another woman that Scott pulled a knife on him and showed her “a stab on his leg”.
The woman told police that Thibodeau had warned Scott several times to back off, “and asked to do it with your hands and just fight,” according to court records.
Police said when the Ms. Thibodeau asked if he shot Scott, “he would not speak about the matter.”
The police found a .380 caliber grenade in the apartment but did not find the weapon.
Thibodeau was charged last month after police discovered a snap chat video on a cell phone allegedly holding a .380 caliber pistol.
He appeared in court on a trial with his lawyer. In addition to bail, he agreed not to have any contact with witnesses in the case, Cataldo said.
David Linton can be reached at 508-236-0338.