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Breaking News Alert This Week In Lawfare Land: 'Deadly Force'

Jury Acquits Massachusetts Man Charged For Protecting Himself And Others From Anti-GOP Attacker


A Massachusetts man charged for defending himself from his anti-Republican attacker is innocent on all counts, a jury ruled last week.

On April 4, a Concord District Court jury determined state resident Kevin Mackie is “not guilty” on all charges related to his participation in a July 2022 protest outside the Acton, Massachusetts Discovery Museum. As The Federalist previously reported, the purpose of the demonstration was to protest the facility’s role in giving Covid shots to children.

During the 2022 protest, Mackie and other peaceful demonstrators were confronted by Frederick Smith, a local resident with a history of antagonism toward non-leftists. Smith had previously issued statements online referring to the GOP as “Nazis” and said Republicans “are a virus that this country needs to expel.” Other social media posts from Smith indicate he was a strict adherent of the federal government’s Covid diktats.

“I don’t think that it was a good idea to give these kids [Covid] shots, especially knowing the survival rate of Covid,” Mackie told The Federalist. “Even if you disagreed with me, I didn’t deserve to get attacked for [exercising my right to] free speech.”

Footage previously reviewed by The Federalist appeared to show Smith assaulting Mackie and attempting to rip apart his protest sign. Mackie allegedly hit Smith with his megaphone “four times” in response.

Additional footage showed Smith pushing Mackie toward the ground into some nearby shrubs. Mackie then discharged pepper spray into Smith’s face when the latter grabbed demonstrator Michelle Efendi’s wrist and refused to let go.

After releasing Efendi, Smith pulled a four-foot-long PVC pipe from Mackie’s broken sign and used it to hit Mackie. He also swung at Efendi — barely missing her face — and another protester before finally walking away. Smith eventually called 911 and was taken into police custody.

While the Acton Police Department requested Smith be charged on numerous counts — including assault and battery and assault with a dangerous weapon — Smith cut a deal with the office of Marian Ryan, the Democrat district attorney of Middlesex County, to have all his charges dropped in exchange for several months of pretrial probation and participation in anger management classes. A judge approved the deal in February 2023.

Meanwhile, the Acton Police Department sought a complaint against Mackie, requesting he be charged with trespassing, assault and battery, and assault and battery with a dangerous weapon. People convicted of the latter charge alone could face up to 10 years in state prison.

The Concord District Court jury ultimately disagreed with the charges against Mackie, dismissing each one during last week’s trial.

Screenshot of Jury Verdict in Mackie’s Case

In his remarks, Mackie credited his attorney Ilya Feoktistov for being “very passionate” about his case and offering him pro bono representation. Mackie claimed he was fired for not complying with his then-employer’s mask mandate in 2022 and has remained unemployed since.

“It’s costed [Feoktistov] a lot of time” and resources, Mackie said, citing a fundraiser started for Feoktistov’s office to defend “a bunch of us freedom fighters pro bono.”

Moving forward, Mackie said he hopes to continue his citizen activism by helping “like-minded people connect with each other and get hold of each other’s groups to … do more effective actions.” He said he’s also considering whether to attend law school and expressed interest in tackling other important issues, such as stopping Democrats’ push for radical gender ideology in schools.

“People are calling the truth ‘racist’ and ‘hateful’ when it’s not,” Mackie said. “We need to get back to being able to see facts for what they are and restore objectivity in the world.”

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