Articles Posted in Firearms

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Boston.com reported that two middle aged Massachusetts men are facing possible felony charges after a road rage incident that occurred shortly after six in the morning yesterday. According to the reports William Wilton was driving too slowly by Edward Murphy’s standards. Wilton pulled over to let him pass by however Murphy stopped next to Wilton’s car so that the two could exchange words. So what did Murphy then do? He waived a miniature baseball bat at Wilton in a threatening manner. Wilton then withdrew a firearm and brandished it towards Murphy. Murphy called the police and later gave a statement. Wilton was arrested and found in possession of a firearm that he is licensed to carry. The incident took place in Milton. Both men face charges of assault by means of a dangerous weapon. The case will be prosecuted in the Quincy District Court.

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Massachusetts Men Involved In Road Rage Incident Looking At Felony Charges

If this article is accurate and the men did not make incriminating statements this case is a defense attorney’s dream. Both of the men have the right to exercise their Fifth Amendment privileges. That means that neither has to say anything in court. Should they choose to invoke this privilege the prosecution might not be able to prove its case. If charges issue against both of these men I would highly doubt that they would elect to testify against one another. It makes no sense. It is also a risky proposition in that truthful testimony would result in self-incrimination. Do not be surprised to see both of these cases get dismissed.

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Just a couple of days ago a Lynn, Massachusetts woman was arrested and charged with threatening to commit a crime, assault and battery by means of a dangerous weapon and trespassing. The victims are her former husband and his friend. According to reports Janice Bolen-Kavanaugh and co-defendant Zlatan Sarajlic encountered the ex-husband’s friend. Sarajlic had a handgun. Bolen-Kavanaugh asked where he lived and he gave a fake address. He went home. Bolen-Kavanaugh then appeared tried to enter his home by pushing in a window screen. The victim went into the next room to warn Bolen-Kavanaugh’s ex-husband Steven Kavanaugh. Bolen-Kavanaugh then swore at the victims and told them that Sarajlic was going to kill them. Sarajlic then manipulated the slide on the gun and held it in the air. When the defendants heard sirens they fled. Both were arrested. Sarajlic has also been charged with assault and battery by means of a dangerous weapon and trespassing. Bail for Bolen-Kavanaugh was set at three thousand dollars. Bail for Sarajlic was set at two thousand dollars. The report disclosed that Steven Kavanaugh was charged with violating a restraining order against his ex-wife.

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Massachusetts Woman Charged In Case Of Domestic Violence

Fortunately for the defendants in this case the police never found the firearm. Possession of a gun in Massachusetts carries a mandatory minimum eighteen months sentence to the house of correction. The defendants now have to defend against the assault and battery by means of a dangerous weapon case and the trespassing case. The assault and battery by means of a dangerous weapon carries a potential two and one half year jail sentence if the case is prosecuted in district court or up to ten years in state prison if the district attorney indicts the case. This case will likely remain in district court. The absence of a weapon makes this case difficult to prosecute. Where there are multiple victims rarely is there a consistent description of the weapon, or for that matter the circumstance surrounding the incident. Jurors like physical evidence. It makes them feel more comfortable about their decision to convict. The absence of the weapon and the allegation that one of the victims violated a restraining order against one of the defendants weakens the prosecutor’s case.

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Shortly after 12:00 a.m. last Wednesday morning Gabriel Diaz was arrested by the Haverhill, Massachusetts Police Drug Unit. An informant told them that a van would be driving in the High Street area and that it would contain drugs. Using this information the police made the stop of the vehicle. They determined that Diaz did not have a driver’s license. This being an arrestable offense they detained Diaz and searched his car. While doing so they found a cocaine diluting agent, inositol and a scale. Believing that more drugs were present they called in a K-9 unit. The dog sniffed out a hiding compartment in the seat. Inside the police located a loaded nine millimeter handgun, sixty four grams of rock cocaine, nineteen grams of heroin and some cash. Diaz has been charged with trafficking cocaine, trafficking heroin, possession of a firearm, possession of ammunition and more. Charges are now pending in the Haverhill District Court. The case will ultimately be prosecuted in the Essex County Superior Court in Newburyport, Salem or Lawrence.

Drug and Gun Charges Filed Against Lawrence Man Arrested in Haverhill

Here are some things to think about with this case. Anytime police use informants as a basis for stopping a vehicle you can be sure that the defense attorney will move to suppress the stop and search. The police must establish that the information is reliable and the information he supplies must be sufficiently corroborated. Challenging the credibility of his information is a great way to get the search suppressed, the drugs thrown out and the case dismissed. You might also want to think about Diaz’s relationship to the vehicle. Was it his? If not, what evidence is there that he had knowledge about the “secret” compartment in the vehicle. Another question that comes to mind is where was the scale and inositol found? Was it located in plain view such that Diaz must have known it was there or was it secreted in another part of the car.

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Following a six month criminal investigation involving several Massachusetts law enforcement agencies two Northborough residents were arrested last week and charged with various drug related crimes. It was reported that either Edward Letourneau or Mary Anne Belanger, residents of Northborough were distributing cocaine from their home. When police made the arrests they found over fifty grams of crack cocaine, other drugs (Class E substances) and ammunition. Letourneau was charged with trafficking cocaine, possession with the intent to distribute cocaine, possession of ammunition and conspiracy. Belanger was charged with conspiracy. Criminal charges against both defendants are pending in the Westborough District Court. Final jurisdiction of these charges will likely be in the Worcester Superior Court.

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Criminal Charges Filed Against Two Massachusetts Men Caught With Cocaine

Trafficking cocaine carries a minimum mandatory state prison sentence in Massachusetts. The threshold for trafficking cocaine is fourteen grams. When more than twenty eight grams and less than one hundred grams is alleged to be the amount trafficked the minimum mandatory sentence is five years. Conspiracy charges do not carry any mandatory period of incarceration. It appears that the police investigation centered on controlled purchases of cocaine either using undercover police officers and/or confidential informants. The article is silent as to whether the arrest was made pursuant to a warrant, after a controlled buy or during the execution of a search warrant.

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Pedro Alix and Christopher Hassapis, both from Salem, Massachusetts along with Carlos Vieira of Peabody, Massachusetts now stand charged with assault with a dangerous weapon, armed robbery and assault and battery after forcing their way into another man’s home for the purpose of committing a robbery. The victim in this case reported that on Tuesday night he was outside of his home counting his rent money when a car occupied by the defendants appeared. The men got out of the car, charged at the victim, ran into his home and robbed him at gunpoint. Police found the victim outside and bleeding from wounds to his face. Other police officers who received a radio call recalled seeing the car earlier that evening with two of the defendants riding in it. They went to a location where the three were known to hang out and were given permission to enter by an unidentified female. Officer found the defendants in possession of crack cocaine. They also located a replica gun on the premises. The victim was able to identify the gun and the car but none of the defendants. Bail has been set at one hundred thousand dollars cash at the Salem District Court.

Criminal Charges For Three Massachusetts Men Following Home Invasion

There is an interesting issue in this case. The victim has not identified the defendants. You can bet however that the district attorney will proceed with this prosecution. The defendants will be indicted. The case will be handled in the Essex County Superior Court in Salem, Massachusetts. Most likely the prosecution will proceed by introducing into evidence the gun and photographs of the car in which the defendants were riding. They will also have the police officers who saw two of the defendants in the car earlier that evening testify as to her observations. However, absent any positive identification either through the victim or evidence from the scene such as fingerprints, footprints or DNA the case will rest solely on circumstantial evidence. These cases can be a defense attorney’s dream. Based on the information in the article do not be surprised to see the home invasion charges dismissed against one or more of the defendants. Acquittals after a trial would not surprise me either.

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According to reports Lynn, Massachusetts police had a warrant for Johnny Rodriguez’s arrest stemming from an incident last Saturday night. At that time, Rodriguez was stopped by police officers who were following up on recent shootings. Rodriguez was able to escape in his car and a warrant for his arrest issued. Surveillance was set up outside his home on Monday. Police entered is apartment and secured his arrest. In the process they observed an open safe containing a couple of handguns and an assault rifle. A search warrant was then issued permitting the police to search the apartment. During the search additional firearms were located along with ammunition and over two hundred grams of cocaine. A substantial amount of cash was seized as well.

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Firearms, Drug Charges For Lynn Massachusetts Man

I would assume that Rodriguez has been charged with unlawful possession of firearms, possession of ammunition, possession with intent to distribute marijuana and trafficking cocaine. While all of these charges are considered serious Rodriguez stands to serve the most time on the cocaine trafficking charge if convicted. Trafficking cocaine over two hundred grams in Massachusetts comes with a mandatory minimum fifteen year state prison sentence after conviction. The firearms charges carry a minimum mandatory eighteen month sentence. There is no minimum mandatory sentence associated with convictions for the possession of ammunition and the marijuana charges.

During the bail hearing Rodriguez’s lawyer suggested that the police officers’ search exceeded the scope of the warrant. If this is true then perhaps some of the items seized will be suppressed. Here is one thought that comes to mind. If Rodriguez’s home was under surveillance why did the police need to enter his apartment to effectuate the arrest? It would make more sense if they apprehended him when they saw him about to enter the establishment rather than wait for him to get inside. If the defense can show that getting inside the apartment was illicitly orchestrated to establish probable cause to obtain the warrant Rodriguez might be able to convince a court to suppress the search.

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Shubar Charles has been held in the Essex County Jail since April on a one hundred fifty thousand dollar cash bail since he was first charged with cocaine and gun crimes in the Lynn District Court. He has now been indicted by an Essex County Grand Jury and his case will be prosecuted in the Salem Superior Court. On April 3, 2009 police went to Charles home armed with a warrant for a New Bedford criminal case. When they located Charles he was in possession of cocaine, a handgun and some ammunition. Charles had some prior drug convictions. The district attorney charged him with possession of a firearm, possession of ammunition and possession with the intent to distribute cocaine.

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Lynn Massachusetts Man With Prior Criminal Record Indicted For Guns, Drugs

The firearm charge itself carries a maximum five year state prison sentence. There is a minimum mandatory eighteen month sentence that Charles will have to serve if convicted of this crime. The crime of possessing ammunition is a misdemeanor punishable by up to two years in the county house of correction. The possession with intent to distribute Class B carries a maximum ten year state prison sentence with no minimum mandatory under most circumstances. However where the defendant has prior convictions there is a minimum mandatory three year state prison sentence. According to this article Charles has prior convictions. He is facing a mandatory three year sentence on all counts. The firearm count and the charge of possession with intent to distribute cocaine can run concurrently if a judge chooses to do so after a trial or a guilty plea. Sometimes these cases can be plea bargained to reduce the minimum mandatory exposure that the defendant is facing. That often depends on the nature of the offense, the person’s criminal record and any personal history that might warrant the consideration of a lesser sentence.

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Around 10:30 p.m. this past Tuesday Braintree, Massachusetts police officers responded to an apartment complex after a 911 call about a fight. They were directed to Jeffrey Lynch who it turns out had two outstanding warrants for motor vehicle crimes. Further investigation suggested that Lynch and another man were having an argument. The other man’s girlfriend overheard Lynch telling someone on the telephone to bring a gun. The dispute between Lynch the man resumed during which Lynch asked one of his friends to hand him the gun. A struggle for the gun supposedly followed. When the participants heard the police sirens everyone scattered. The gun was never found. Lynch has been charged with carrying a firearm, assault with a dangerous weapon and impeding an investigation in the Quincy District Court.

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Firearms Charges Issue Against Massachusetts Man Involved In A Fight

Carrying a firearm in Massachusetts is a felony. Massachusetts General Laws Chapter 269 Section 10(a) states that anyone who carries a firearm without a license must serve a minimum mandatory eighteen months in the house of correction and up to five years in state prison. In Massachusetts a firearm is defined as a weapon that is capable of firing a shot or bullet and has a barrel of less than sixteen inches. This law has great significance for Lynch. Since the police never found the weapon there is no way of telling whether it could fire a bullet or any to determine its actual size. Without this information there is not way the district attorney can prove the firearm charge against Lynch. That leaves the assault dangerous weapon charge and the impeding the investigation charge for Lynch to defend. It will be much easier for his lawyers to negotiation a resolution of those matters or possibly try them now that the gun charge no longer seem viable.

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Just before 5:00 a.m. yesterday a Lawrence, Massachusetts resident was awakened by some commotion in the street. The unidentified individual looked outside and saw a man holding a gun in his hand. The man, Richard Anthony then fired four to six shots in the air and placed the weapon back in his pants. The witness called the police and gave a description of Anthony who was arrested minutes later. Police found a .32 caliber handgun in the residence where Anthony was found as well as several shell casings in the street. Anthony will be charged with carrying a firearm, discharging a firearm within five hundred feet of a building and unlawful possession of ammunition. He will be arraigned in the Lawrence District Court later today.

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Lawrence Massachusetts Man Charged With Firearms Violations

So how is the district attorney going to prove Anthony guilty of the firearms charges? The easiest way is to get the eyewitness who called the police to come into court and testify against him. This however is not always realistic. People, particularly those who live in the inner city, are often reluctant to reveal their identity and go to court to testify against someone. People do not want to get involved with the police or court system. They do not want discord in their neighborhoods. They ultimately choose to avoid testifying rather than create conflict for themselves. So what else can the district attorney do? Perhaps the police checked Anthony for gunshot residue. If they did and the test is positive they have their proof. If not their task of convicting Anthony becomes more daunting. He was not found in possession of the firearm and there were other people present in the home where the weapon was found. They too were charged with crimes and it is doubtful that they will testify against their friend. Convicting Anthony might be more difficult than you might think when reading this article.

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Earlier this week people reported hearing gunshots being fired in a downtown Framingham, Massachusetts neighborhood. Responding officers found Carlos Montes and another man running away from the crime scene. The police followed Montes into a garage and saw him drop an object in a trash barrel. Montes was apprehended fleeing the garage. Police located a semi-automatic pistol with a large capacity magazine. Montes has been charged with illegal possession of a large capacity firearm, discharging a firearm within 500 feet of a dwelling, disturbing the peace, resisting arrest and unlawful possession of ammunition. He was already facing unrelated gun and drug charges. All cases are pending in the Framingham District Court.

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Framingham Massachusetts Man Facing Gun Charges

This article is unclear as to what type of firearm Montes is accused of possessing this time. If it is simply a firearm there is a maximum five year state prison sentence with a minimum mandatory eighteen month house of correction sentence. There is no parole eligibility until at least eighteen months of any sentence has been served. It is suggested however that this case is more severe. If the weapon seized is a machine gun Montes faces a sentence of up to life in prison. While it is unlikely that he would be sentenced that high on a case like this it would not surprise me to see this case prosecuted in the Superior Court. This is due not only to the nature of this firearm but also the fact that Montes had a pending gun case at the time.

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