Articles Posted in Violent Crimes

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Lynn, Massachusetts police responded to a supermarket after receiving a report of alleged criminal activity. They arrived to find Maria Rios of in a bathroom, crying. She complained that her boyfriend, Hector Diaz accused her of doing drugs and punching her in her while riding in Diaz’s car. Rios was uncooperative with the police. However, while at the police station, Diaz arrived with cuts on his neck and face. He was bleeding. Diaz claimed that it was Rios who threw the punches and caused his injuries. Both Diaz and Rios were arrested. They have been charged with Domestic Assault and Battery. The case will be prosecuted in the Lynn District Court.

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Lynn Massachusetts Domestic Violence Defense Lawyer

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Cases like this one are often easy to defend. In Domestic Assault and Battery matters identifying the culpable party can be hard to determine. Initially, one of the parties will report being assaulted by the other. Sometimes the accused will file a cross-application for a complaint claiming that he or she was the victim. If there are not witnesses to the alleged crime than the prosecution might not know who to prosecute. By the time the case is set for trial both parties are apt to invoke their Fifth Amendment privilege assuming the privilege is available. At this point the prosecution will be unable to proceed and the case or cases will be dismissed. In this case both Rios and Diaz have a privilege against self-incrimination. Their Massachusetts Criminal Lawyers will probably have them invoke their respective privileges and the cases against both will be dismissed.

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Joshua Berry and Anthony Stiefel, both from Salem, Massachusetts have been charged with crimes after having been arrested for throwing snowballs at a couple of women and a car. According to the Salem News, police arrived at the scene after hearing yelling near New Derby Street and Front Street. They learned from two women that the defendants had thrown snowballs at them. One was hit in the face. The other woman’s car was hit and scratched. Berry was charged with Malicious Destruction to Property Over Two Hundred Fifty Dollars and Disturbing the Peace. Stiefel was charged with Assault and Battery by Means of a Dangerous Weapon, a snowball.

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http://www.salemnews.com/local/x530791138/Two-men-arrested-in-snowball-attack#

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Here is what I find troubling about these charges. Both of these men have been charged with felonies. It seems unlikely that either of them intended any harm to either the victims or the car. If the article is correct, they were drunk and acted inappropriately but unlikely had the criminal intent typically with felony charges in Massachusetts. However, they nevertheless have to defend against these charges. Usually, cases like this are resolved by continuing the case without a finding with restitution to the victims. This is conditioned on the accused not having a criminal record. With the assistance of an Experienced Massachusetts Criminal Lawyer, and provided that neither of the defendants has a criminal history the consequences should not be severe.

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This past Monday Alejandro Gomez went into the Lowell District Court on a district court matter. He was recognized by authorities and quickly arrested and arraigned on charges that he stabbed and tried to kill Dennis Cruz back on November of 2010. It is alleged that Cruz and Gomez’s estranged wife were watching a basketball game at her home. Cruz left the home and was ambushed by Gomez. Cruz was stabbed several times and ended up in the emergency room with severe injuries. Gomez was charged with Assault with Intent to Murder and is currently being held without bail. The case will be prosecuted in the Lowell Superior Court.

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Lowell Massachusetts Criminal Defense Lawyer

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The article states that Cruz had identified Gomez as his assailant. The issue then becomes one of identification. In Massachusetts the district attorney must prove identification beyond a reasonable doubt. Jurors are instructed to weigh several factors in deciding whether identification has been proven. They are to consider the witnesses’ opportunity to observe the accused, whether or not the identification process was compromised or suggestive and whether or not the identification witness appears credible. An Experienced Massachusetts Criminal Lawyer will scrutinize these factors and attack the identification where required. Cases are often won by the defense by showing that the identification of the accused was unreliable.

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Korin O’Doherty, John Chiellini of Everett and Emanuel Silveira or Revere were arraigned in the Haverhill District Court on Monday on charges of Armed Robbery. It is alleged that the three robbed a TD Bank in Georgetown last week. According to reports a young woman wearing a red hooded sweatshirt handed a teller a note. She demanded money. She told the teller that she had a gun. The teller gave her money and she left the bank. At about the same time a local auto body employee saw Chiellini and Silveira acting suspiciously. Knowing that the bank had just been robbed the employee called the police. One of the auto body shop owners got the plate of the car. He gave this information to the police. The defendants were located together in Saugus, Massachusetts. O’Doherty confessed to the crime and implicated the other two. Chiellini and Silveira denied involvement in the robbery. O’Doherty stated that she and Chiellini conceived the robbery plan while patients at a local alcohol, drug and mental health treatment facility. She stated that Silveira picked them up and took them to the bank. The article is silent as to what if any evidence aside from O’Doherty’s statement shows that the other two had knowledge that she planned to rob the bank.

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http://www.newburyportnews.com/local/x419264948/Police-Man-woman-planned-bank-heist-while-in-Baldpate#

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Essex County Massachusetts Bank Robbery Defense Lawyer

I am interested in knowing how strong the evidence is against Chiellini and Silveira absent O’Doherty’s statement. Naturally there is the assumption that they were involved. They were present when O’Doherty went into the bank. Silveira picked the other two up. All three left Georgetown together. However, even in all of this is true, why did the two men get out of the “getaway car” by the bank and act “suspiciously” as reported by the auto body shop employee. Why not remain in the car and leave the scene once O’Doherty got back in. Why ask for directions about how to get to Route 95. Why not just drive. One would think that if Silveira and Chiellini were actively and knowingly involved in this plan there would have been just a bit more preparation than shown here. Absent O’Doherty’s testimony the other two might have a good defense to these charges.

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An unidentified eighteen year old went to Quincy, Massachusetts last Thursday to buy some Marijuana. There he met with Tommy Dao of Braintree, Massachusetts and Nicholas Morganelli of Quincy. Instead of getting his Drugs however the teenager was robbed. Dao has been charged with Unarmed Robbery. Morganelli has been charged with Possession With Intent to Distribute Marijuana. According to reports in the Patriot Ledger Morganelli was found in possession of thirty eight small bags of marijuana.

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http://www.patriotledger.com/news/cops_and_courts/x338105899/Man-robbed-trying-to-make-pot-buy-in-Quincy

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Quincy Drug Defense Lawyer
Quincy Robbery Defense Attorney

Most people do not understand that someone who is in the process of committing a crime can also be the victim of a crime. As an example of this, our office reports countless people who break into drug dens or stash houses to steal drugs and/or money. Many times in the course of these events the occupants of the home become injured or scared. The assailants if caught are charged with either Breaking and Entering or Home Invasion or both. Many of these people thought that their actions would go unprosecuted simply because their victims were involved in criminal activities. Here, Dao can be charged with Robbery if he tried forcibly took from the victim property with the intent to deprive that person of that property. However, something does not appear right with this report. If Morganelli intended to distribute the drugs why not just sell them to the victim. The prosecution charged him with Possession With the Intent to Distribute the Marijuana found in his possession. If he in fact did intend to sell the drugs why not do so here? If the point was to rob the victim there was no need for him to have the drugs with him in the first place.

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Around 7:00 a.m. Christmas morning Salem, Massachusetts police received a 911 call from a woman crying and asking for help. The police responded to her home and found Franklin Sousa shirtless and pulling down the shades. The police went to the door where they were greeted by a woman covered with blood. Sousa ran out the back door. He was chased by a police officer. Sousa was reportedly holding something in his hand. When the officers subdued him he was injured. The complaining witness stated that she and Sousa had dated and were living together. On Christmas Eve Sousa became hostile. The woman claims that she barricaded her apartment door to keep Sousa out and went to sleep. She woke up with Sousa standing over her. He then struck her. Sousa has been charged with Domestic Assault and Battery, Malicious Destruction to Property, Resisting Arrest, Witness Intimidation, Assault and Battery on a Police Officer, Disorderly Person and Resisting Arrest. The case is pending in the Salem District Court.

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http://www.salemnews.com/local/x480667508/Salem-man-held-in-attacks-on-his-girlfriend-police#

Salem Massachusetts Domestic Violence Defense Lawyer

As a Massachusetts Criminal Defense Attorney here is what I see as concerning about these allegations. The complaining witness barricades herself in her room in an attempt to keep a violent Sousa out. She then goes to sleep without calling the police. She wakes up in the morning with him standing over her. Then he squeezes her face causing her to bleed. You have to wonder why she did not call the police immediately. You also have to wonder what Sousa was doing and where he was from the time of the barricade on Christmas Eve until 7:00 in the morning, as the article says with his shirt off. Facts like this that do not make sense often serve as a starting point for defenses to criminal accusations.

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The Brockton Enterprise reports that Antonio Gomes, a Brockton, Massachusetts resident was arrested after allegedly pulling a knife during a “road rage” incident in Norton. A man reported that Gomes was driving behind him in an erratic manner. Gomes then passed the man and brandished a knife. The incident happened in Norton. Gomes reportedly got out of his car, argued with the other driver and waived a knife at him. He then drove away. The victim called the police who stopped and arrested Gomes. The defendant has been charged with three counts of Assault by Means of a Dangerous Weapon.

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http://www.enterprisenews.com/news/cops_and_courts/x934173956/Brockton-man-allegedly-pulls-knife-in-Norton-traffic-dispute

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The Wikipedia defines road rage as a form of aggressive or angry behavior by a driver of a car or other vehicle. The acts that form the deed include insults, rude gestures, driving in an unsafe or threatening manner or some sort of threatening conduct while operating a motor vehicle. Sometimes road rage incidents develop into violent criminal acts, even murder. Massachusetts does not have a road rage statute. Rather, this state charges the offender with the underlying crime committed during the road rage event. Here, there were three occupants of the victim’s car, all of whom the prosecution claims were victims of Gomes use of the knife. The underlying crime here is Assault by Means of a Dangerous Weapon, a felony in Massachusetts. I would imagine that if Gomes does not have a criminal record this case might be continued without a finding conditioned upon some sort of anger management counseling.

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Joel Matias of Lawrence, Massachusetts received good news yesterday when he entered a Lawrence District Court courtroom and had an Assault With a Dangerous Weapon case against him dismissed. That case involved a shooting that occurred this past summer after two groups got into a fight and someone fired a handgun. After getting the case dismissed Matias went down the hallway to get an electronic monitoring device removed. While doing so he allegedly passed two girls and called them snitches. The device was removed and Matias was arrested and charged with Witness Intimidation.

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http://www.eagletribune.com/local/x1168755064/Assault-charge-dismissed-teen-arrested-in-courthouse

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Massachusetts Witness Intimidation Defense Lawyer

The Witness Intimidation statute in Massachusetts is quite broad. The law, G.L. 268 Section 13B, makes it a crime for anyone to either directly or indirectly threaten, injure, or attempt to do harm to anyone who is a witness to or someone interested in a criminal matter at any stage. The statute also prohibits giving gifts to or in any intimidating such people. A conviction for this crime carries a potential ten year state prison sentence. The district court had jurisdiction of these charges as well and there is a maximum two and one half year sentence for anyone convicted in that court for intimidating a witness. As a Massachusetts Criminal Defense Lawyer I would like to know who witnessed Matias make the threats. It makes no sense that someone who just got his case dismissed would be making threats as such in the courthouse. Usually witnesses are intimidated in an effort to prevent them from testifying against someone. This occurs before the resolution of a case, not once the case has terminated. This situation sounds like someone took exception to the dismissal and wanted to keep Matias on his heels.

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Last week Boston Police responded to a call for a Breaking and Entering on Seaver Street. At around 1:00 a.m., shortly after receiving the call, officers spotted a subject fitting the description of the suspect walking nearby with two other individuals. As police approached they noticed the defendant, Antoine Lewis of Randolph, Massachusetts appearing to be carrying a heavy object in his jacket pocket. The police and Lewis engaged in a struggle. The officers seized a loaded nine millimeter handgun. Bail was set at fifty thousand dollars cash. Lewis already served more than two years for a prior gun possession charge. Lewis will likely be charged with Illegal Gun Possession in the Suffolk County Superior Court.

Massachusetts Gun Possession Defense Attorney

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Boston Firearm Defense Lawyer

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Illegal Gun Possession in Massachusetts is made a crime under Massachusetts General Laws Chapter 269 Section 10. For people like Lewis who are charged with a second offense a conviction carries a mandatory five year state prison sentence and a maximum seven year sentence. Being properly licensed with a carrying permit and a firearm identification card serves as an affirmative defense to these charges. For Lewis however it appears that these defenses are not viable. Attacking the legality of the stop, Search and Seizure is always a tact to take and might be the only possible avenue for relief in this case. Regardless, Lewis’ Massachusetts Criminal Defense Lawyer has his work cut out for him.

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According to the Newburyport News Cody Harkness of Amesbury, Massachusetts is being charged with Unarmed Burglary, Home Invasion, Malicious Destruction to Property Valued at More Than $250 and Breaking and Entering. The victim is a downstairs neighbor who was sleeping when Harkness broke into her home. Apparently the defendant opened a door in a common area of the home that led to the victim’s closet. From there he entered her room and touched her body. The victim woke up and yelled. Harkness left. Harkness, who had not been identified by the victim at that point asked her what had happened. She in turn told the police that he might have information about the intruder. The police contacted Harkness and noticed that he had in his possession that the victim said the suspect was wearing. Other evidence suggested to the officers that Harkness had in fact committed the crime. He eventually admitted involvement. The charges are now pending in the Newburyport District Court. Bail was set at two thousand five hundred dollars.

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http://www.newburyportnews.com/local/x1613327262/Amesbury-teen-charged-after-home-invasion

Massachusetts Home Invasion Defense Lawyer

This article is somewhat confusing as to what the actual charges are that Harkness is facing. The headline states Home Invasion. Home Invasion in Massachusetts is criminalized under Massachusetts General Laws Chapter 265 Section 18(c). It is a felony and a conviction carries with it a mandatory twenty year state prison sentence with a maximum life possibility. The Newburyport District Court does not have jurisdiction of this crime and I would imagine that the district attorney’s office will use its discretion and reduced the charges to something within the district court’s jurisdiction. Additionally, if the article is correct it might be difficult for the prosecution to prove a couple of necessary elements of the offense beyond a reasonable doubt. The prosecution must prove that Harkness was armed with a dangerous weapon. There is no indication that he was. Also, the prosecution must prove use of force or the threat of the imminent use of force. None of that seems to be present her. The body of the article, as opposed to the headline states that unarmed burglary is the charge here. The statute addressing that crime is G.L. c. 266 Section 15. There is a requirement that the district attorney prove however that in addition to the breaking and entering, that Harkness intended to commit a felony while inside the victim’s home. There is no evidence supporting that element. This crime also must be prosecuted in the Superior Court so again I believe that there will be a modification of charges so that the district court can keep jurisdiction of the case.

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