Haverhill, Massachusetts Jose Reyes was sought pursuant to a warrant for Carrying a Firearm, Possession of a Firearm, Possession of Ammunition and Armed Assault with the Intent to Murder. All of these charges against the twenty one year old are pending in the Lawrence, Massachusetts District Court. There is also an Assault and Battery by Means of a Dangerous Weapon case pending in the Haverhill District Court. In Lawrence it is alleged that Reyes shot Pedro Valentin near the intersection of Dorchester Street and South Union Street. The article mentions nothing about the facts of the Haverhill case.
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Obviously the more serious case is the case pending in the Lawrence District Court. Anytime someone shoots someone else the district attorney will charge the crime of Armed Assault With the Intent to Murder. The reason stems from the general belief that anyone who shoots someone else did so trying to kill that person. While that is not always the reasons behind the shooting the case will be charged as such. Additionally, the crime of Assault and Battery by Means of a Dangerous Weapon will be filed as well.
The crime of Armed Assault with the Intent to Murder in Massachusetts requires the district attorney to prove the following elements beyond a reasonable doubt: 1) that the accused did commit an assault on someone. An assault is the act of threatening to commit a battery and a reasonable fear on the part of the victim that he or she was going to be hit; 2) that the defendant was armed with a dangerous weapon and 3) that the accused had the specific intent to murder the victim. As I have mentioned in past posts, this crime is nearly impossible to prove. Consequently, the prosecution tends to ask for the judge to instruction on the lesser included offense of Armed Assault with the Intent to Kill. With the latter crime there is no need to prove malice.
Getting away from the legal aspects of the crimes, here is where the prosecution tends to have problems with successfully prosecuting Violent Crimes cases such as this one. People are reluctant to come into court and testify against someone who shot someone else. Victims are especially reluctant to come into court and identify the shooter for a many reasons. They are not always afraid of the consequences of their testimony. In fact, they might have something to hide. What specifically occurred between the two that caused the shooting? Did the victim have a gun? Or perhaps the weapon used by the defendant was initially produced by the victim. Was there some sort of illicit activity that preceded the shooting that the victim wants to distance himself from? Often this is the case. Regardless of how these cases appear, they are not that easy to prove.
The Law Offices of Stephen Neyman, PC is dedicated to defending the accused. Call us at 617-263-6800 or send us an email about your Massachusetts Criminal Legal Problem. We want to help you with your case and we want to start your defense right now.