Articles Posted in Firearms

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On November 17, 2009 the Massachusetts Appeals Court issued its decision in Commonwealth v. Hollister. The issue in Hollister was whether the erroneous admission of a ballistician’s certificate amounted to harmless error. The facts in Hollister are as follows:

The defendant was found near his truck. Inside the unlocked glove box authorities located a loaded firearm. Hollister tried the case without a jury and was found guilty of Unlawful Possession of a Firearm, Carrying a Firearm Without a License and Improper Storage of a Firearm, all Crimes that are Felonies in Massachusetts. To establish operability of the firearm the district attorney relied on a statute that permits proof through a certificate of analysis. The defendant objected to the admission of the certificate. This case was tried prior to the United States Supreme Court’s decision in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527, 2542 (2009). The Melendez-Diaz decison makes clear that such certificates violate a defendant’s Sixth Amendment Right to Confrontation. The district attorney argued on appeal that the violation of Hollister’s rights was harmless error. The Appeals Court disagreed reasoning that absent any independent evidence that the gun was operable the case must be reversed.

While it is unlikely that prosecutors in Massachusetts will continue to proceed on firearms cases with a certificate of analysis alone, Massachusetts Gun Possession Defense Lawyers now know that if a prosecution is handled in this manner the district attorney must somehow show that the gun was operable. Evidence such as bullet holes, expended projectiles or ejected cartridge casings might relieve them of the obligation to produce the ballistician in order to prosecute their case.

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Edwardo Fontes, of Plymouth, Massachusetts, along with John Silva and Vanderlee Fernandes both of Brockton were arrested yesterday in connection with a shooting in Stoughton. It was reported that the three men robbed two others and fled in a car. A witness provided the description of the car and later in the evening the car was stopped in Brockton. No weapons were recovered and no one specified what items were taken from the victims. One of the victims was shot in the leg, the other in the stomach. Each defendant has been charged with Armed Robbery, Assault and Battery by Means of a Dangerous Weapon and Assault with the Intent to Murder. The case is now pending in the Stoughton District Court but will likely be prosecuted in the Norfolk County Superior Court in Dedham.

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Gun And Robbery Charges Filed Against Massachusetts Men Involved In Shooting In Stoughton

Cases like this are always interesting to defend. I imagine that whatever happened between the defendants and the victims was a far cry from your typical robbery. Here is why. The police declined to identify what property if any was stolen from the victims. The robbery took place behind a structure suggesting that the parties agreed to meet somewhere out of sight. There is no identification of the person who supposedly made the call to the police nor is it clear that such person actually witnessed the robbery or shooting. This sounds very much like a drug deal gone bad. This might be a difficult case for the district attorney to prosecute. An Experienced Massachusetts Robbery and Assault Lawyer who practices in the Stoughton Court and Norfolk Superior Court might be able to effectively defend the defendants in this case.

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This past Sunday evening, just past 6:30 p.m. members of the Quincy, Massachusetts Police Department executed a search warrant at John Keller’s residence. The search warrant was issued after an eighteen month police investigation suggested that Keller was dealing drugs out of his Chester Street apartment. When the police searched the home they found Cocaine, Ecstasy, Heroin, and other Controlled Substances. They also found ammunition and nearly fifty thousand dollars cash. The investigation started as a result of neighbor complaint about numerous people making frequent visits to the apartment. As part of the investigation undercover police officers made controlled buys of various substances. During the search the police found over one hundred grams of cocaine, Class C drugs, Oxycodone pills, marijuana, digital scales and more. Keller has been charged with Trafficking Cocaine, Trafficking Heroin, a School Zone Violation, Unlawful Possession of Ammunition and various Miscellaneous Crimes. Bail was set at one hundred thousand dollars cash in the Quincy District Court.

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Quincy, Massachusetts Man Held On Drug Trafficking, Gun Charges

It appears that the most serious charge is Cocaine Trafficking which in Massachusetts carries a minimum mandatory ten year sentence where the quantity exceeds one hundred grams. The School Zone Violation adds another two years to this sentence. If Keller is convicted of both of these crimes he will have to serve twelve years in state prison. Naturally as with any case there can be defenses to these allegations. I would expect to see a challenge to the issuance of the Search Warrant. It would not surprise me if people other than Keller were being investigated and had some involvement in these activities during the course of the investigation. Their roles might ameliorate some or all of Keller’s responsibility for some of the crimes he has been charged with. One thing is certain. If he has not already done so Keller needs to Hire an Experienced Massachusetts Drug Defense Lawyer right away.

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“JR'”, a pseudonym, of Randolph, Massachusetts was charged with Armed Assault With Intent To Murder, Discharging a Firearm Within 500 Feet of a Building and Improper Storage of a Firearm after a dispute with his neighbor over a fence ended up in a shooting. According to reports JR and his wife were in their yard last Friday night when the neighbor went onto JR’s property to discuss an ongoing dispute regarding a fence that separates the neighbor’s properties. The discussion turned violent when JR hit the neighbor who responded by throwing a beer can at JR. Supposedly JR then pulled out a gun and shot the neighbor in the stomach. Afterwards JR tried to stop the bleeding and tended to the man’s wound. JR’s wife told police that he had been out drinking earlier in the evening and that he becomes violent when he drinks. JR is licensed to carry firearms. His bail was set at twenty thousand dollars by a judge in the Quincy District Court.

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Massachusetts Man Shoots Neighbor During Dispute Over Fence

A couple of thoughts come to mind when reading this article. Did JR act in self-defense? Even if he did the law in Massachusetts makes clear that people can use force in self defense however no one can use more force than is reasonably necessary under the circumstances of this case. In a case like this jurors will consider the relative sizes of the combatants, their actions and the location of this incident. Keep in mind that this happened on JR’s property suggesting that the neighbor could have been the aggressor. The neighbor used a dangerous weapon on Leonard prior to the shooting. Further actions by the neighbor not addressed in the article could give rise to a legitimate self-defense claim. The fact that JR immediately assisted the neighbor suggests that the shooting might have been an accident. An “accident” in Massachusetts is defined as an unexpected happening that occurs without intention or design on the defendant’s part. It means a sudden, unexpected event that takes place without the defendant’s intending it. Here, brandishing the gun does not necessarily mean that JR intended to fire it. The act of shooting might have been an accident, a valid defense to these charges.

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Steven Reth of Western Avenue in Lynn, Massachusetts was just indicted for a Firearms Violation, specifically Gun Possession. The prosecution has alleged that in July of 2009 Lynn police responded to a call reporting gunshots. Upon arrival an officer observed a suspicious car that he followed for a distance. Reth later jumped out of the car and was pursued. Prior to his apprehension the police claim to have seen him toss an item that was later located. It was a handgun. The case is being prosecuted in the Essex County Superior Court in Salem. Reth has a felony record and has been convicted of several crimes in the past.

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Massachusetts Man Faces Gun Charges In Salem

In cases like this a Massachusetts Criminal Defense Lawyer would probably focus his defense on the constitutionality of the stop of Reth’s car. While following a suspicious car is not a violation of someone’s constitutional rights certain actions of the police might have been. Pulling the car over for no reason other than it appearing “suspicious” might result is suppression of the stop. The defendant pulling his car over and running would not give rise to probable cause to arrest without more. Reth may have some viable defenses to his case but search and seizure issues seem a more likely target for his lawyer.

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Adolfo Bonilla and Josue Ramirez-Gonzalez both from Waltham, Massachusetts had been banned from a local bar. They tried to gain entry and when they were denied both threatened to return with a gun and shoot and beat the owner. The police were immediately called. When they arrived Bonilla allegedly drove the car directly at the responding police car. The car stopped. Both suspects got out of the car and tried to flee and ended up struggling with the police. Ramirez-Gonzalez was charged with Malicious Destruction to Property for throwing a rock at a parked car as well as resisting arrest. Bonilla was charged with Resisting Arrest, various Motor Vehicle Crimes, Threatening to Commit a Crime and Assault with a Dangerous Weapon. The case is being prosecuted in the Waltham District Court.

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Waltham, Massachusetts Men Kicked Out Of Bar Threaten Owner, Get Arrested For Several Criminal Charges

Threatening to commit a crime is a violation of Massachusetts General Laws Chapter 275 Section 2. The law makes clear that a conviction for the offense has a maximum sentence of six months in jail and a one hundred dollar fine. The irony in this case is that the bar owner was most probably scared by the threats yet this is the least of the defendant’s problems. The malicious destruction to property charge is more serious particularly if the value of the property is two hundred fifty dollars or more. In that case the crime is a felony.

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This past weekend Lynn, Massachusetts police contacted Saugus police after receiving a call that two individuals were shooting weapons from a black pick-up truck. The vehicle was located by Saugus police who arrested Noah James Bradley of Lynn and Andrew Sinoni of Salem. Both men were charged with discharging a firearm within five hundred feet of a building. Sinoni was charged with the additional crime of illegal Possession of a Firearm. The case is pending in the Lynn District Court where it will likely remain for the duration of the prosecution. The firearms possession charge carries a minimum mandatory eighteen month jail or house of correction sentence pursuant to Massachusetts General Laws Chapter 269 Section 10(a). The charge of discharging a firearm within 500 feet of a building carries a fine of between fifty and one hundred dollars and a maximum three month jail sentence. The latter crime is a misdemeanor and there is no minimum mandatory sentence associated with that offense.

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Firearms Possession And Related Charges For Lynn, Massachusetts And Salem, Massachusetts Men

The news is pretty good for Bradley. If he kept his mouth shut and their are no witnesses who can identify him as one of the shooters in the car he just might escape a conviction in this case. Of course this also assumes that he was not checked for gunshot residue and if he was that the test is negative. Sinoni on the other hand might have a problem. I am assuming that when the Saugus police stopped the vehicle he had possession of the weapon and that his why he alone is being charged with Possession of a Firearm. Checking the 911 and dispatch might also unearth some information that results in the filing of a Motion to Suppress the stop. If successful the charges against both could be dismissed.

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John Monteiro of Randolph, Massachusetts has been charged with Carrying a Firearm, Second Offense, Assault With Intent to Commit Murder and related Violent Crimes. Authorities have alleged that Monteiro shot another man outside of an Ashland restaurant. The victim was treated at a local hospital. Monteiro is being held without bail pending a hearing on dangerousness in the Framingham District Court.

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Massachusetts Man Held Without Bail After Shooting Incident In Ashland

The Second Offense Firearm case is going to be difficult for Monteiro to defend absent an affirmative defense such as self-defense. Massachusetts General Laws Chapter 269 Section 10(d) states that anyone with a prior firearm possession conviction must serve a minimum mandatory five year state prison sentence if convicted of a like offense. Even if Monteiro disposed of the weapon prior to getting arrested the district attorney can prove this case through circumstantial evidence such as the victim’s bullet wound and the recovery of the expended projectile, shell casings and related firearms evidence. If however there are no independent witnesses and the victim decides not testify the prosecutor’s job becomes much more difficult. The article states that this is probably not a random act. If the victim and Monteiro were involved in a dispute involving illicit activities it would not surprise me to see the victim refuse to cooperate with authorities.

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After a six month long investigation members of several law enforcement agencies, both federal and state made several arrests in connection with alleged cocaine trafficking activities in New Bedford, Massachusetts and throughout Bristol County. The target of the investigation was Paul J. Pereira, 35, of 67 Lindsey St., New Bedford. Earlier in the year police officers received information that Pereira was dealing cocaine and pills. In July of this year the investigation led the authorities to wiretap warrants on Pereira’s telephone and the phone of Michael Martin, a drug supplier. The monitored telephone conversations resulted in the issuance of arrest warrants and search warrants at various locations throughout Bristol County. Drug purchasers and dealers alike were arrested and charged as a result of this investigation. At Pereira’s home police seized shotguns, handguns, and ammunition. Pereira was arrested carrying a large sum of cash and some crack cocaine. The investigation led to the seizure of over two hundred grams of cocaine, twenty four firearms, ammunition and drug paraphernalia. Once this case is billed by a grand jury Pereira will be prosecuted in the New Bedford Superior Court. The most serious charge will likely be Trafficking Over 200 Grams of Cocaine.

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Six Month Investigation Leads To Arrest Of Southeastern Massachusetts Drug Dealer, Gun And Drug Charges Issue

The strength of the district attorney’s case will lie primarily in the validity of the wiretap warrant and the search warrants that were issued. Wiretaps can issue in Massachusetts only after an application and with a showing by the applicant that there is probable cause to believe that a designated offense has been, is being, or is about to be committed and that evidence of the commission of such an offense may thus be obtained or that information which will aid in the apprehension of a person who the applicant has probable cause to believe has committed, is committing, or is about to commit a designated offense may thus be obtained; and with a showing that normal investigative procedures have been tried and have failed or reasonably appear unlikely to succeed if tried. If through a Motion to Suppress a judge determines that the warrant should not have issued then all of the information obtained from the telephone conversations will be stricken and cannot be used as evidence.

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Just the other day a joint drug task force executed a search warrant at 43 Union Street in Southbridge, Massachusetts. Present at the time were Santos Sanchez and Yasmin Torres. Sanchez had outstanding federal warrants in other jurisdictions. During the execution of the search warrant law enforcement personnel found twenty two grams of cocaine, fourteen rounds of ammunition, a nine millimeter firearm, over eight grams of marijuana, drug trafficking paraphernalia and prescription pills. Sanchez is being held on a half million dollar bail. Sanchez was charged with trafficking cocaine, a school zone violation, possession of a firearm, possession of ammunition and related drug charges. Yasmin Torres has been charged with the same crimes and was released on a low bail.

Drugs, Guns Found At Home Of Southbridge, Massachusetts Man

There are a multitude of defense strategies often associated with these types of cases. For one thing the validity of the search warrant can be challenged through a motion to suppress the search and seizure. If successful all of the items seized pursuant to the search warrant get suppressed and cannot be used as evidence against the defendants. Motions to dismiss work at times as well on cases such as this one. Where there is not telling whose substances these are and it is legally impossible for the district attorney to prove the case beyond a reasonable doubt the case can get dismissed. Trying cases like this one can result in an acquittal also. An Experienced Criminal Defense Lawyer will try to attribute the drugs to the other defendant, particularly if the cases are severed.

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