Articles Posted in Violent Crimes

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Twenty three year old Benjamin J. Sciucco, 23 was at the Tavern at the Square, a new bar in Salem, Massachusetts this past weekend. Just before closing time he struck another bar patron with a glass beer mug. An employee of the establishment located a Salem Police Officer who was near the bar and reported the incident. Using the description given by the employee the officer located Sciucco and made an arrest. Sciucco has been charged with assault and battery by means of a dangerous weapon and possession of marijuana. The case will be prosecuted in the Salem District Court.

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Assault And Battery Charges Filed In Salem Massachusetts Against Man Who Hit Bar Patron In Face With Beer Mug

It is not that often that someone simply hauls off and hits someone in the face with a beer mug. Typically there was some sort of provocation or instigation that prompted the act. In terms of using this as a defense the law in Massachusetts places limits on the use of force. In order to avail yourself of the use of a dangerous weapon in the course of self defense the defendant must reasonably and actually believe that he was in immediate danger of great bodily harm or death. He must have done everything reasonable in the circumstances to avoid physical combat before resorting to force. He also cannot use more force to defend himself than was reasonably necessary in the circumstances. If the defendant intends to use this defense in this case much will depend on the actions of the person he struck with the glass mug.

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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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Both Katy Kartalias and Rachel Lord claimed the title of being Gary Lee Farnham’s girlfriend. Kartalias found out about Lord when the latter called to inform her that she was seeing Farnham. So what does Karalias do? She confronts Farnham who supposedly responds by assaulting her. So yesterday Farnham ends up in the Salem District Court for arraignment on his new case. Kartalias decides to go along as well. And guess who else is there? Yes, you are right, Rachel Lord. When Kartalias figures out who she is she sits down next to her. The judge eventually decides to hold Farnham in custody. When that decision is announced Lord made a comment. Perhaps taking exception Kartalias sucker punches Lord in a packed courtroom. The festivities continue as Lord pulls a clump of Kartalias’ hair out. Both women are placed into custody. Eventually, only Kartalias is charged. The counts are assault and battery and disrupting a court proceeding. Kartalias is already on probation and is now facing a probation violation hearing.

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Massachusetts Courtroom Fight Lands Woman In Jail

Disruption of court proceedings is a crime pursuant to Massachusetts General Laws Chapter 268 Section 13C. The law states that anyone who “causes or actively participates in the willful disruption of proceedings” and is convicted of that crime may be imprisoned by up to a year in jail. The crime is a misdemeanor. The assault and battery charge is also a misdemeanor that is punishable by up to two and one half years in the house of correction.

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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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Christopher Hayes must have thought that he would be inconspicuous shooting up heroin near a convenience store on Lowell Street in Andover, Massachusetts. He was wrong. Police detectives in the area saw Hayes sitting in a 1993 Oldsmobile. They approached the car to see what he was doing. There, in plain view and at 1:00 in the afternoon officers saw Hayes injecting himself with heroin. When he realized who they were Hayes took off. Authorities claim that in the process he tried to run over three detectives. Hayes took off. He then threw the heroin and some drug paraphernalia out of the car. Officers recovered the evidence. Hayes was ultimately apprehended and charged with possession of heroin, possession of drug paraphernalia, assault and battery by means of a dangerous weapon and assault with the intent to murder. Charges are now pending in the Lawrence District Court. Bail has been set at two thousand five hundred dollars.

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Motor Vehicle Charges, Drug Charges For Massachusetts Man Who Assaulted Police Officers

All of these charges can be prosecuted in the District Court. If the cases are kept there the maximum sentence that can be imposed is two and one half years in the house of correction for the crimes of violence, two and one half years for the drug paraphernalia and two years for possession of heroin. These sentences can be imposed consecutively if a judge deems that to be appropriate. The length of the sentence depends on the defendant’s criminal record and the severity of the crime. Factors such as age, level of education and drug dependency often serve as factors that mitigate the severity of the sentence that will be imposed.

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Last Thursday night Dawn Hogan challenged a teenage girl to a fight. This was because the teenage girl was not paying enough attention to Hogan’s son who supposedly had a crush on the girl. So how did the thirty nine year old Framingham, Massachusetts woman get things started? She went to the girl’s home, stood on the front stairs screaming and yelling, tried to get into the home and broke a window. She did all of this in front of the girl’s mother. Now Hogan has to defend charges of malicious destruction to property with a value in excess of two hundred fifty dollars in the Framingham District Court.

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Massachusetts Woman Charged With Crime After Trying To Fight Teenage Girl Who Rejected Her Son

Malicious Destruction to Property in Massachusetts is a crime in accordance with Massachusetts General Laws Chapter 266 Section 127. The law states that anyone who destroys or injures the personal property of another either wilfully or maliciously is guilty of this crime. This crime is a felony and is punishable by up to ten years in state prison. There is also a fine of three thousand dollars or three times the value of the property, whichever is greater that can be made part of the penalty. This crime is usually prosecuted in the District Courts where the maximum sentence is two and one half years in the house of correction.

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Emmanuel Mieles of Lawrence, Massachusetts has been charged with carrying a firearm, possession of a firearm, resisting arrest, underage possession of alcohol and discharging a firearm within one hundred feet of a highway. The twenty year old Massachusetts resident was sought by police who were dispatched to a pizza restaurant. When officers arrived Mieles pulled out a handgun, fled the scene and was observed throwing the weapon over a fence. When Mieles was apprehended police detected an odor of alcohol on his breath. They also found a .22 caliber handgun with an expended casing remaining in the weapon.

Lawrence Massachusetts Man Facing Gun Charges

Of all the criminal charges Mieles is facing the most serious is the charge of carrying a firearm. Massachusetts General Laws Chapter 269 Section 10(a) is the governing statute in this case. A conviction of that statute requires a minimum mandatory eighteen month house of correction sentence. The charge of discharging a firearm within one hundred fifty feet of a highway carries a maximum thirty day sentence with no minimum. That charge will be difficult to prove if the prosecutor does not have any witnesses who can testify when and where the weapon was fired and that the defendant was the person who fired the weapon.

Massachusetts prosecutors all take gun cases very seriously and endeavor to obtain convictions that require anyone convicted to serve the minimum mandatory sentence.

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