Articles Posted in Violent Crimes

| by

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.

Read Article:

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.

Continue Reading

| by

Reports state that Ralphie Arroyo from Framingham, Massachusetts was arrested yesterday in the early morning after choking his wife until she could not breathe. The woman told the police that Arroyo punched her in the head as well. A witness claimed to have seen the woman throwing household items out of a window just before the incident occurred. A mark was observed police on the woman’s head but there is no mention of anyone having seen something on her neck. The woman claimed to have been depressed and was looking out of a window just prior to the attack. The prosecution has charged Arroyo with domestic assault and battery in the Framingham District Court. Bail has been set at one thousand seven hundred dollars.
Read Article:

Domestic Assault And Battery Charges For Framingham Man

The American Bar Association has recently published some interesting statistics about Domestic Violence. Approximately twenty five percent of all women nationally were either raped or physically assaulted by a spouse or someone with whom they had a dating relationship. About one third of all female murder victims were killed by an intimate partner. It is statistics like this that rightfully cause judges concern about cases like this that are being prosecuted.

In this case however reports suggest a story other than the one the woman told the police. Her statement to the police that she was just staring out of the window during a moment of depression conflicts with the observation of the witness who saw her throwing objects out of the window. While this in no way condones acts of violence towards anyone it certainly effects the credibility of the complaining witness. Inconsistencies such as this can be fatal to a prosecution. This fact will no doubt be exploited in some regard by Arroyo’s defense lawyer.

Continue Reading

| by

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.

Read Article:

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.

Continue Reading

| by

Just last week Lowell, Massachusetts police were dispatched to Chase Street after a report that a twenty eight year old man was struck by a car. When they arrived they found the man bleeding from his head. Witnesses told the police that the vehicle appeared to deliberately drive close to the man with the intent to “playfully swerve at him”. These witnesses believed that the defendant knew the victim. Apparently the victim’s shoes got caught in the car’s tires and his head hit the pavement causing a noise that sounded like he cracked his skull. The driver of the car, Devone Debenedictis of Billerica, Massachusetts was arrested and charged with assault and battery by means of a dangerous weapon. Charges are now pending in the Lowell District Court.

Woman Hits Lowell Massachusetts Man With Her Car, Gets Charged With Crimes

The article reporting this incident is replete with facts that suggest that this was an accident rather than a crime. The witnesses’ observation that the car was swerving “playfully” certainly does not support criminal activity. Similarly the fact that the victim fell as a result of his sandal getting caught in the car tire is indicative of an unfortunate accident. One of the elements of assault and battery by means of a dangerous weapon in Massachusetts is the intent to touch the victim. All accounts in this case reveal a lack of intent to touch or injury the victim. Such conduct is not criminal in the context of the crime charged. The outcome of this case should be interesting.

Continue Reading

| by

Just last week the Quincy Patriot Ledger reported that if Brian Cherry survived the beating he took from Michael McGunigle he paralysis or blindness could result. The article stemmed from an incident that occurred on July 6, 2009 in Abington, Massachusetts. It was alleged that McGunigle left his dog tied to a vehicle outside a local restaurant for about an hour. The dog acted aggressively towards passersby and Cherry commented to McGunigle that the dog should be crated. The comment purportedly set McGunigle off. Witnesses then observed the defendant strike Cherry who fell to the ground and struck his head. Initially McGunigle was arrested and charged in the Brockton District Court with aggravated assault and battery and released on three thousand dollars cash bail. Unfortunately Cherry did not survive the attack. He died at a local hospital this past weekend. Now, McGunigle has been charged with Manslaughter. He has been indicted and will have to defend against these charges in the Plymouth County Superior Court. Earlier today McGunigle surrendered himself to authorities.

Read Article:

Massachusetts Man Faces Manslaughter Charges After Beating Results In Death

Articles about this case have suggested that the defendant has claimed that he acted in self-defense. Massachusetts law permits a person to act in self defense and use reasonable force to defend himself from a physical attack. Self-defense is a complete defense to manslaughter charges and if believed by a jury the accused will be acquitted. Once evidence of self-defense has been shown at trial the district attorney must prove beyond a reasonable doubt that the defendant did not act in self defense. This defense takes on a very different understanding when used in connection with a charge of manslaughter, voluntary or involuntary.

Continue Reading

| by

Jonathan Chadwick, John Curley and William Chadwick have all been indicted by an Essex County Massachusetts grand jury on charges of assault and battery by means of a dangerous weapon. The charges stem from the beating of Justin Goodwin, a gay man who was enjoying an evening at a bar in Gloucester on April 10, 2009. Goodwin was at the Old Timer’s Tavern with his sister. Apparently he tried to defend her at which time the bar’s bouncers escorted him outside. There, he was beaten unconscious by the defendants. Goodwin sustained twelve broken bones in his face. Several plates now hold his face together. The case will be prosecuted in the Essex County Superior Court in Salem, Massachusetts.

Read Article:

Essex County Massachusetts Men Indicted For Beating Man At Gloucester Bar Facing Up To 15 Years In Prison

Assault and battery by means of a dangerous weapon is a felony in Massachusetts. The crime is codified in Massachusetts General Laws Chapter 265 Section 15A. While the crime itself carries a maximum ten year state prison sentence there is an aggravated form of the crime that permits a judge to sentence someone convicted to up to fifteen years. Subsection (b) of the statute permits a more severe penalty when the crime results in serious bodily injury. The phrase “serious bodily injury” means bodily injury which results in a permanent disfigurement or a substantial risk of death.

Continue Reading

| by

Pembroke, Massachusetts police responded to a call for a woman who claimed to have been beaten and strangled by her boyfriend, Dennis Roberts. According to reports the two were at home arguing when the defendant pushed the woman to the floor. He then tried to strangle her, threatened to kill her if she called the police and then took her cell phone. The girlfriend succeeded in calling the police who arrested Roberts. The woman was taken to a hospital in Brockton for treatment. Dennis was arraigned in the Hingham District Court. Bail was set in the amount of five thousand dollars.

Read Article:

Pembroke Massachusetts Man Charged With Attempted Murder

Most likely this case will be prosecuted in the Hingham District Court rather than the Plymouth County Superior Court. While incidents of Domestic Violence are often prosecuted in the Superior Court the magnitude of the assault usually dictates where the district attorney’s office will handle the case. While this case is serious the facts pale in comparison to many instances of domestic violence. Take for example the case of Richard T. Lowry, a forty eight year old Peabody, Massachusetts man who was charged with multiple counts of domestic assault and battery, assault and battery by means of a dangerous weapon, assault with a knife, intimidation of a witness, kidnapping and attempted murder. Lowry was held without bail after it was alleged that he beat his wife while holding their infant child, kicked her with his military boots and put a knife to her throat.

The strength of Domestic Assault and Battery Cases often depends on the willingness of the victim to assist the district attorney with the prosecution. A large percentage of these cases are dismissed due to the victim’s refusal to testify against his or her spouse or significant other. If there are no independent witness to the crime then prosecuting can be very difficult if not impossible.

Continue Reading

| by

Last year, on June 28, 2008 Boston, Massachusetts resident Michael Wilder was at a party in Ashland, Massachusetts. The alleged victim was there at the same time. Apparently she was not feeling well and went outside. It is at that time that the woman claims that Wilder assaulted her. The victim reported the incident that day and Wilder was arrested by members of the Ashland Police Department and charged with Rape and Assault and Battery. Charges initially issued in the Framingham District Court and bail was set in the amount of ten thousand dollars. Now that Wilder has been indicted the case will be prosecuted in the Middlesex Superior Court in Woburn. According to reports Wilder has an open drug case in Waltham as well.

Boston Man To Face Rape Charges Stemming From Incident At A Party One Year Ago

In looking at this case here are some things that a Massachusetts Rape Defense Lawyer might be looking at. What information can other people who were at the party provide? Did the victim come back into the party after the alleged and if so what was her demeanor? Is there any physical evidence, i.e. DNA, pubic hair or saliva corroborating the victim’s complaints? How long after the act was the complaint made? Why did it take over one year to indict the case? During the discovery process and in the course of trial preparation these questions will likely be answered.

Continue Reading

| by

Authorities in Hudson, Massachusetts have charged John Resendes with breaking and entering, rape, assault and battery with a dangerous weapon, intimidation of a witness, assault with intent murder, domestic assault and battery, kidnapping and resisting arrest. According to reports at 4:30 in the morning Resendes broke into a woman’s, entered her bedroom and assaulted her. The woman was someone with whom Resendes had a relationship. The possible cause of the incident stems from Resendes seeing her with another man earlier in the day. As the woman tried to escape the attack the defendant threw her to the ground and sexually assaulted her. She was able to call 911. The prosecution further claims that Resendes threatened the victim with a knife by holding it against her throat and suggesting that he would kill her. All charges are now pending in the Marlborough District Court. Resendes is being held without bail. The victim refused medical treatment.

Read Article:

Massachusetts Man Charged With Sexual Assault, Kidnapping

In the context of this case all of these charges are serious. The rape charge itself carries a potential life sentence. Factually however this charge is not supported by this article. To be convicted of rape the district attorney must show that the defendant (Resendes) engaged in sexual intercourse, either natural or unnatural with the complainant; and that the sexual intercourse was accomplished by compelling the complainant to submit by force or threat of bodily injury and against her will. Natural intercourse consists of inserting the penis into the female sex organ. Unnatural sexual intercourse includes oral and anal intercourse, including fellatio and cunnilingus, and other intrusions of a part of a person’s body or other object into the genital or anal opening of another’s body. Either natural or unnatural sexual intercourse is complete on penetration, no matter how slight, of a person’s genital or anal opening. In addition to the vagina, the female genital opening includes the anterior parts known as the vulva and labia. Penetration into the vagina itself is not required. The article makes no mention of what acts Resendes committed to satisfy the elements of the crime of rape.

Continue Reading

| by

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.

Continue Reading