Articles Posted in Violent Crimes

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Last week Mark Snow of Rockland, Massachusetts was arrested for crimes that occurred earlier in the summer. He was charged with Breaking and Entering, Threatening to Commit a Crime, Malicious Destruction to Property and Assault. As to that case the prosecution alleged that Snow entered a home without permission, threw a rock through the window and threatened the occupant. Snow was released on those charges. Then, on September 12, 2009 he was arrested for Kidnapping. It was reported that a twenty four year old woman called the police to report that Snow unlawfully entered her apartment, assaulted her and confined her to her home. The woman stated that the incident occurred four hours prior to her making the call to the police. He is being held without bail at the Plymouth County House of Correction. Other charges Snow faces from the second incident are domestic assault and battery, assault and battery with a dangerous weapon, breaking and entering, threats and witness intimidation.

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Massachusetts Man Arrested For Kidnapping Just Days After Being Charged With Assortment Of Violent Crimes

If the details of the article are accurate it seems strange that the woman would wait four hours to report a crimes as violent as this one appears. Violent crimes in Massachusetts are usually reported right away. When I am defending home invasion or breaking and entering cases almost every initial complaint is made by a 911 call either during or shortly after the event. Extensive delays in reporting without a valid excuse raise a red flag. Why did the victim wait to report the crime? Often times the reasons for the delay disclose an illicit motive for making an unfounded complaint in the first place. This provides Massachusetts Criminal Attorneys with viable defenses to the charges. It would not surprise me to see the second case against Snow resolved in the Hingham District Court.

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Alejandro Lopez is being charged with Assault And Battery With A Dangerous Weapon in the Cambridge District Court after stabbing a co-worker last week. According to reports Lopez and an unidentified man got into an argument at the Superior Nut Company Factory where the two worked. Lopez then stabbed the man and went back to work; at all times working with the knife he used to stab the victim. When the police arrived at the scene they observed the victim soaked with blood. He identified Lopez as the assailant just after getting into the ambulance. The case is pending in the Cambridge District Court.

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Chelsea Man Stabs Co-Worker While At Work

Assault and Battery By Means of a Dangerous Weapon is a felony in Massachusetts. The statute prohibiting this act is Massachusetts General Laws Chapter 265 Section 15A. The statute provides for a two and one half year jail sentence or a ten year state prison sentence if convicted. Punishment for a conviction of this offense typically defends on the severity of the injuries suffered by the victim, the defendant’s criminal record and the conduct of the complaining witness. Assuming that the victim is not seriously injured in this case and the defendant does not have a significant criminal record the prosecution will probably continue in the district court. Defenses to these charges vary depending on the intent of the defendant, his actions and the conduct of the person who got stabbed. I have seen self-defense and accident work successfully as defenses to this charge on several occasions in the past. The fact that Lopez remained on the job and continued to work is somewhat significant and might factor heavily in the defense or disposition of this case.

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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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Sean Dodd of Taunton, Massachusetts has been arrested and charged with Rape of a Child By Force. The victim is the daughter of his girlfriend with whom he lived. The prosecution alleges that the thirty one year old Dodd sexually abused and raped the girl over a three year period, beginning when she was twelve years old. When the victim was fifteen her boyfriend convinced her that what Dodd was doing was wrong. She then confronted him in an effort to end the abuse. She claimed that while doing so she was struck by Dodd. The police investigated the assault but were never informed about the sexual abuse. One of the victim’s friends’ apparenty told her the victim’s mother about the Rapes at which point Dodd was kicked out of the house. The victim’s mother has recently taken out a Restraining Order against Dodd. The case in now pending in the Taunton District Court but will probably be prosecuted for Rape in the Bristol County Superior Court in New Bedford.

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Taunton, Massachusetts Man Charged With Raping Girl Over Three Year Period

These cases are difficult to defend even under the best circumstances. A likely scenario is that there is no physical evidence linking Dodd to the crimes and that there are no eyewitnesses. The case will rest solely on the complaining witnesses’ testimony. How then can Dodd effectively rebut these accusations? It is tough because jurors often ask: “Why would the girl lie about something as heinous as this?” Perhaps Dodd will be able to show that the girl had a reason for lying. Maybe she sought attention from her mother or her boyfriend. Maybe she hated Dodd for reasons that do not implicate criminal conduct on his part. You can explore many of the reasons for false sexual abuse allegations by reading the Nichols Consulting Blog or Website. For Dodd the battle is just beginning.

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Fidel Sena was arrested yesterday after being identified as the perpetrator of an assault and battery with a baseball bat on an unnamed fifty three year old Salem, Massachusetts man. Salem Police were called around 9:30 p.m. to a location where there was a fight with bats. They arrived to find the victim on the ground. A witness identified the car that Sena was driving and provided the police with its license plate number. Sena was stopped and arrested. The case will be prosecuted in the Salem District Court for now. The victim’s medical condition was not released however it was reported that he was not bleeding from the head at the scene. Felony charges of Assault and Battery By Means of a Dangerous Weapon have likely issued.

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Massachusetts Man Charged With Assault And Battery By Means Of A Dangerous Weapon After Hitting Fifty Three Year Old With A Baseball Bat

There are a couple of issues that immediately come to mind when reading this article. One is: Who saw what? Police responded to a fight with bats. Does that mean that the victim had a bat as well? Does that mean that he too was a combatant? If so, self-defense can be considered as a defense to these charges. If there were no witnesses to the actual incident and if in fact the “victim” and Sena were engaged in a fight, Sena can file an application for a complaint against the victim. Additionally, if the victim were the initial aggressor he might not be inclined to testify against the defendant. I would also imagine that the status of the victim’s medical condition will determine at least in part how the prosecution develops.

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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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This past Monday night Malden, Massachusetts police stopped a car that had been reported stolen in Brockton. After removing a passenger from the car the driver struck two police officers with his vehicle and pinned another officer against a parked vehicle. Two suspects, James Calo of Malden and Mark Dwyer of Framingham were arrested. A third suspect, Alexander Nesom was shot and killed by police officers. Dwyer initially evaded apprehension but was caught less than twelve hours later. When the police were able to stop the vehicle they found four bags of heroin on Calo. Charges of receiving motor vehicle and possession with the intent to distribute heroin are pending in the Malden District Court.

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Shooting Suspects Arrested And Arraigned In Malden District Court

One charge not mentioned in the article that I would think would issue is assault with the intent to murder. If the driver of the car deliberately drove into the three police officers he hit he can be charged with this crime. Assault with the intent to murder is a crime pursuant to Massachusetts General Laws Chapter 265 Section 18. This crime is a felony and is punishable by up to twenty years on state prison. This crime must be prosecuted in the Superior Court. To prove armed assault with the intent to murder the government must proved beyond a reasonable that the defendants 1) committed an assault; 2) having a specific intent to kill the victim; and 3) that they did so acting with malice, which is defined as an absence of justification or mitigation. In cases such as this one the driver defends these charges by presenting evidence that he never intended to strike the officers with the vehicle, rather that he was trying to make his escape. The passenger’s defense will embrace his lack of knowledge as to the actions that driver ultimately took.

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A Home Invasion that took place in Westford, Massachusetts has resulted in the issuance of criminal charges against three Massachusetts men. According to reports the victims were supposedly drug dealers who were targeted due to their access to weapons and money associated with drug dealing activities. It is alleged that Daniel Cummins and Carlos Vega of Bedford tried to tie up one victim and duct tape another. Kamil Sylvain of Cambridge, Massachusetts has also been charged with this crime. Cummins brother Christopher was arrested in connection with this case on May 15th of this year. The charges now pending in the Ayer District Court are Home Invasion, Assault and Battery and Assault by Means of a Dangerous Weapon. All defendants are being held on bail pending a hearing on dangerousness.

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Massachusetts Men Charged With Home Invasion To Be Prosecuted In Woburn Superior Court

Quite often these cases are not as clear cut as the police reports seem to suggest. A typical scenario involving a dubious home invasion claim occurs when a drug deal goes bad. In that situation the “victim” calls the police and makes a report claiming that the defendants broke into his home, assaulted him, committed various acts of violence and made certain threats. Obviously the caller never reports that all parties were involved in drug transactions or other illicit activities. Nor does the caller admit that the assaultive conduct was a mutual undertaking and that he came out on the losing end of the battle. Experienced Criminal Defense Lawyers are quick to see what actually happened and use this to their advantage in defending their clients.

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