Public outrage is growing in Massachusetts after a man was arrested for stabbing someone during a fight.
Kemar Downer, 39, was arrested on Tuesday. He is charged with two counts of assault and battery with a dangerous weapon causing serious bodily injury.
Surveillance video of the altercation obtained by the Nantucket Current revealed what happened.
The video first shows Downer, in a gray shirt, making a delivery to a restaurant when another man approaches him. He is seen wearing a reflective vest. He is also considerably taller than Downer.
When he walks up to Downer in the video, he punches him several times in the back of the head. He then kicked Downer before the struggle escalated.
The video shows Downer slamming the man into the truck. The man then runs away, clutching his arm. Downer turned around and went inside the restaurant.
A witness told police that Downer went into the restaurant, grabbed a chef’s knife and held it behind his back. Another employee took the 10- to 12-inch knife.
“He has housing; he has no prior criminal record,” Downer’s attorney, Rob Moriarty, said in court. “Mr. Downer defended himself. This is straight self-defense. The other individual is bigger than him. Mr. Downer is relatively small in stature.”
According to Moriarty, the altercation started over a woman. He didn’t provide any additional details on the situation.
The Current reported that the other man told police he said a Jamaican slur to Downer, and the altercation ensued.
He claimed he saw Downer pull a three-star pocketknife from his waistband and then realized he had been stabbed in the forearm but “did not realize he had been stabbed in the chest.”
The man is expected to undergo multiple surgeries due to the severity of the wounds, according to the Current.
“He was attacked without warning, was surprised, and defended himself, and the Nantucket Police treat it like a murder, and they hold him overnight without a determination of probable cause, without presenting the magistrate with information sufficient to hold him.”
Downer said he didn’t know the man but they came from the same parish in Jamaica, according to the Current. He said he had heard the man “had issues with him.”
Many people were shocked that Downer’s actions weren’t considered self-defense.
“So the dude who is twice as small in stature gets attacked from behind, defends himself, doesn’t pursue the attacker to continue the altercation- is in trouble? Nantucket police, DA, and judge are all clowns,” @cusetown_collector wrote on Instagram.
“Only in MA would they ignore obvious video evidence of self-defense. These charges can and should be dropped forthwith, certainly in virtually any other state,” @nigelhart717 commented.
“Was the reflective man allowed to walk free after receiving medical care? He should be facing assault charges,” @camerongotttlieb added.
“Dude gets attacked. Defends himself and goes to jail. Am I getting that right?” @paulytogtsouk wrote.
Massachusetts state law allows the use of reasonable force to defend yourself or others. This is only if you are in immediate danger of bodily harm. You are also required to try to escape the situation before using force.
Downer’s lawyer also filed a motion for the case to be dismissed. He said it was because police failed to bring Downer into court the day he was arrested.
Atlanta Black Star reached out to Moriarity for more information but hasn’t received a response.
