Articles Posted in Violent Crimes

| by

Coop’s Bar and Grill in Quincy, Massachusetts was the wrong place for a twenty five year old Weymouth woman to spend her Saturday night. Around 11:45 p.m. as the victim was leaving the bar a group of teenagers began yelling obscenities at her. The woman confronted group. She was then assaulted, beaten and her pocketbook was taken from her. She ended up in Massachusetts General Hospital with “serious facial injuries”. The woman was eventually able to identify two of three assailants, Erin Buckley and Leah Coyne, both of Weymouth. Another suspect was observed with Coyne going through a pocketbook behind a home. Both Buckley and Coyne were charged with robbery and aggravated assault and battery. The third person, Shane Ferguson was charged with being a accessory after the fact.

Read Article: Robbery Charges For Girls Who Attacked Woman In Quincy

If these charges are prosecuted as currently issued the case will be indicted to the Norfolk County Superior Court. The most serious charge Buckley and Coyne face is the robbery charge. In Massachusetts robbery is a life felony whether committed by someone armed or unarmed. The aggravated assault and battery is also a felony and carries up to five years in state prison. If the injuries are not as severe as reported and Buckley and Coyne do not have criminal records I would not be surprised to see these cases remain in the Quincy District Court where the maximum the defendants face is two and one half years in the house of correction.

Continue Reading

| by

According to reports, this past Sunday Margaret Greer was in her car at Boston’s Logan Airport when a state trooper asked her to move her vehicle. Greer explained to the trooper that she was waiting for her husband. She was given the option of circling the terminal or parking in a nearby cell phone lot. She chose neither and supposedly struck the officer with her mirror when trying to drive past him. Following that Greer tried to again hit the officer with her car while he was trying to undue her seatbelt to possibly apprehend her. Greer fled and was arrested on the Massachusetts Turnpike shortly afterwards. Now apparently someone working on Greer’s behalf is using Craigslist to find witnesses who saw the incident and are able to corroborate Greer’s version of the events. The message was posted just hours after Greer’s release from custody.

Greer has been charged in the East Boston District Court with assault and battery on a police officer, assault and battery by means of a dangerous weapon and failure to stop for a police officer.

Read Articles: Wellesley Woman Accused Of Striking Trooper With SUV; Portfolio Manager Charged With Crimes Of Violence; Merrill Lynch Executive Using Craigslist To Find Witnesses

So what is the most serious charge here? The assault and battery by with a dangerous weapon. This is a crime under Massachusetts General Laws Chapter 265 Section 15A. Under this case scenario a motor vehicle can constitute a dangerous weapon. A conviction for this crime can result in a state prison sentence of up to ten years if the case is indicted. If this case is kept in the District Court the maximum penalty is two and one half years in the house of correction. My guess is that this case will be continued without a finding and Greer might have to undergo some sort of counseling for anger.

Continue Reading

| by

Andrew Yuen was working the counter at Holbrook Liquors Friday night when a man came who in wearing a ski mask started demanding lottery tickets. Yuen raised his hands in submission and invited the man behind the counter to take the money from the register. Yuen then seized an opportunity to push the gun away and with the help of another store employee subdued the man and called the police. Police officers arrived and arrested Richard Hall of Holbrook. Hall was a regular at the store and had been there four hours earlier that evening. Authorities charged Hall with armed robbery while masked, assault by means of a dangerous weapon, armed assault with the intent to rob and using a firearm in the commission of a felony. Bail was set at five thousand dollars cash in the Quincy District Court.

Read Article: Liquor store employees subdue robber

The crime of armed robbery in Massachusetts is governed by Massachusetts General Laws Chapter 265 Section 17. A conviction of armed robbery carries a potential life sentence. If however the person who committed the crime was masked there is a minimum five year state prison sentence that must be imposed.

Defending this case will be a difficult undertaking. The report makes clear that in addition to the two store employees there were two girls at the counter whom Yuen was assisting when Hall entered the store. If their version of the events supports that of the store employees Hall’s chance of success after trial is minimal at best. Look for him to enter into some sort of plea bargain where he might be able to get around the five year minimum sentence he now faces.

Continue Reading

| by

The Lowell Sun reported that a forty one year old Dracut, Massachusetts man has been charged with assault with intent to commit murder, assault and battery, and assault and battery by means of a dangerous weapon after he supposedly stabbed his wife nine times with a large butcher knife in front of their two young children. According to the article the victim had recently moved out of the couple’s home with their children. The children were visiting with him and around 5:30 the victim went back to the house to pick them up. After a brief discussion the defendant threw the woman down on the ground, stabbed her with a butcher knife and threatened to kill her. The children ran to a neighbor’s house. The neighbor returned and pulled the defendant off of the woman. A district court held the defendant without bail pending a dangerousness hearing and a competency hearing. Charges are pending in the Lowell District Court.

Read Article: Lowell, Massachusetts Man Held In Domestic Violence Incident

Competence to stand trial in Massachusetts is governed by Massachusetts General Laws Chapter 123 Section 15. The law states that at any time a judge may order an evaluation to determine whether a person is competent to stand trial. If possible, the examination is to be conducted at the courthouse or where the person his being held. After the examination, the judge may order the person committed to the Bridgewater State Hospital for a period of up to twenty days. The treating personnel at the hospital may request an additional twenty days, or up to forty days for observation and further examination. If the person is found competent the case will resume its schedule. If not, then the case is continued until the person becomes competent.

Competency evaluations are used primarily when people engage in irrational acts or behave in ways that are uncharacteristic. In this case it appears that the defendant “flipped out” possibly due to the deterioration of his marital situation. In almost every case a person is ultimately found to be competent. It may take several months or in rare instances years but trial or a resolution of the case is almost always inevitable.

Continue Reading

| by

Eric Sideri owns Angela’s Coal Fired Pizza in Tyngsboro, Massachusetts. On Saturday night he and his manager Al Guevara pistol whipped and beat an employee Sideri believed stole twenty thousand dollars from the business. According to reports Sideri left the business sometime Saturday night seemingly in a bad mood. Guevara, who manages another one of Sideri’s stores came into the establishment. Shortly after the business closed Guevara told the cleaning crew to leave the property. Guevara started to count the evening’s take when Sideri re-arrived and began accusing the victim of taking his money. Sideri then proceeded to beat the victim with the bat. Sideri then tied the victim’s hands behind his back, withdrew two guns and threatened to blow his brains out. Sideri then stuck the larger of the two guns in the employee’s mouth and threatened to kill him. Sideri and Guevara then allowed the victim to leave the store. The victim called the police and his girlfriend and went to the hospital for treatment of his injuries. Sideri was arrested at his home. A warrant has been issued for Guevara’s arrest. Sideri has been charged in the Lowell Distict Court with three counts of assault and battery with a dangerous weapon, threatening to commit the crime of murder, larceny of a motor vehicle and kidnapping.

Read Article: Pizza Restaurant Owner Charged With Kidnapping, A & B Dangerous Weapon

In the context of this case the most serious charges are the kidnapping and assault and battery by means of a dangerous weapon. Kidnapping is prohibited by Massachusetts General Laws Chapter 265 Section 26. The maximum sentence after conviction is ten years in state prison unless a firearm was used in the commission of the offense or serious bodily injury resulted. Since no firearm was recovered it is impossible to prove the enhancement provision of this statute. Serious bodily injury is defined as “bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ or substantial risk of death.” It does not appear that that provision is implicated in this case either. Assault and battery by means of a dangerous weapon is a crime pursuant to Massachusetts General Laws Chapter 265 Section 15A. This too is punishable by up to ten years in state prison unless aggravating circumstances accompany the act. That is not the case here.

Continue Reading

| by

Deivy Rosario is a 27 year old Lawrence, Massachusetts man living on East Haverhill Street.  He has been indicted in New Hampshire and charged with conspiracy to sell heroin and intimidation of a witness.  According to reports, Rosario contacted a police officer who was instrumental in an earlier arrest of Rosario’s brother for heroin trafficking activities.  Rosario contacted the officer late last year indicating that he wanted a “face-to-face” meeting because his brother told him to “look her up”.  The brother, Luis Peguro-Tejada was arrested and charged last year after police seized three hundred twenty seven grams of heroin and $14,000 from his apartment. 

Rear Article:  Massachusetts Heroin Dealer Charged In New Hampshire

Intimidation of a witness in Massachusetts is a criminal act pursuant to Massachusetts General Laws Chapter 268 Section 13B.  The law states that anyone who directly or indirectly, threatens or attempts to cause or causes injury to someone who may be a witness in a criminal proceeding is guilty of the crime of intimidation of a witness.  There is a possible ten year prison sentence for a conviction of this crime in Massachusetts making this a felony.  In Massachusetts and most states this crime is taken very seriously.  Prosecutors make a strong effort to protect witnesses, particularly police officers who are threatened in connection with their duties.  Typically, the more “real” the threat the more serious the punishment will be if the defendant is convicted. 

Continue Reading

| by

Last week an 30 year old Fitchburg, Massachusetts man was arrested on allegations that he kidnapped, beat, threatened and sexually assaulted three women in a carjacking incident.  He is now being held without bail at the Bridgewater State Hospital and being evaluated for mental health issues.  Shortly after 10:00 p.m. Wednesday one of the victims was driving her car when the defendant approached and told her to get in the back.  The man then began hitting one of her passengers while threatening to kill all of the occupants.  When the woman fought back the defendant hit her in the mouth cutting her lip.  The defendant intended to force the women to drive him to Boston.  However, 911 calls made by one of the women prompted the assistance of the state police and the man was ultimately apprehended.  The defendant was charged with kidnapping, assault with the intent to commit rape, carjacking, assault and battery, threatening to commit a crime, assault with a dangerous weapon and resisting arrest. 

Read Article:  Man Charged With Sexual Assault, Assault and Battery After Kidnapping and Carjacking Three Women

In the context of this case the carjacking is most likely the most serious charge carrying with it a possible 15 year state prison sentence.  There is also a five year minimum sentence that must be imposed if someone is convicted of carjacking while armed with a dangerous weapon.  The article states that the defendant in this case was wearing a chain around his neck containing a razor blade.  A razor blade can be considered a dangerous weapon thus possibly requiring the imposition of the mandatory five year sentence if this man is convicted of this crime. 

Continue Reading

| by

Dung Van Tran, 38 from Boston was convicted by a Suffolk County jury yesterday of arson, home invasion, assault with intent to murder and aggravated assault and battery by means of a dangerous weapon.  The prosecution alleged that as a result of an abusive relationship the defendant’s wife left the marital home in October of 2006.  She rented an apartment for herself and the couple’s infant daughter.  The day of the incident Tran entered the apartment bringing with him a gasoline can and a lighter.  While inside he doused the 14 month old girl, himself and a live-in babysitter with gasoline.  The defendant then set himself and the other on fire.  All were injured.  The young child was burned over thirty percent of her body requiring several surgical procedures.  After a five day trial Tran was convicted.  Sentencing is scheduled for March 11th. 

Read Article:  Jury Convicts Man Who Burned Baby, Caretaker, Self

All of the charges Tran was convicted of are serious felonies.  Perhaps the most serious in this case is the home invasion.  Home invasion in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 265 Section 18C.  This law states that anyone who enters someone else’s home knowing that someone is present and does so while armed with a dangerous weapon, and uses force or threatens the use of force on someone in the home is guilty of home invasion.  A conviction of this crime carries a minimum twenty year sentence. 

Continue Reading

| by

John Ellement of the Boston Globe reported that a Boston man has been charged with killing his girlfriend of six months shortly after seemingly enjoying their first Valentine’s Day together.  Shortly after 3:00 a.m. Sunday the defendant, Mario Gonzalez called Boston Police telling them that an intruder had entered the couple’s home and stabbed the victim.  Later however Gonzalez confessed in Spanish to killing the victim.  According to reports, Gonzalez, concerned that Forty might leave him had made certain threats that she likely did not believe.  Members of Forty’s family stated that Gonzalez, a Guatemala native admitted to killing someone in his homeland. 

Read Article:  Boston man charged with killing girlfriend, Boston Globe February 18, 2009

Here are some interesting statistics about domestic violence in the United States.  Starting in the mid 1990’s, at least 1,500 women were killed annually as a result of domestic violence.  Approximately 33% of all female murder victims were killed in domestic incidents.  About 1/3 of all women’s injuries resulting in emergency room hospital visits are the result of domestic violence.  Women ages 20-34 are at the greatest risk for domestic violence.  This case marks the first reported domestic violence death in Boston this year.

To say that Gonzalez’s case appears to be difficult to defend is an understatement.  Prior threats of violence against the victim, a bogus story to the police and ultimately a confession are huge hurdles for the defense lawyer to jump.  Fortunately for Gonzalez he has one of Boston’s best criminal defense lawyers working for him. 

Continue Reading

| by

Derek Blumenthal and Christopher Chamberlain both of Brockton are being held at the Bristol County Jail.  They are charged with extortion by threat of injury and witness intimidation.  It is alleged that they made threats to a Brockton dentist’s family and tried to extort money from them.  According to reports in the Brockton Enterprise, the defendants were driving by the victim’s Easton home every ten minutes demanding four hundred dollars for money purportedly owed for drugs.  The men made threatening calls from their cell phone, telling the dentist’s wife that if she did not pay the money that her son owed they would go “into the house and beat her beyond recognition”.  More calls had been made earlier in the day and messages were left with the dentist’s answering service in Raynham and Dorchester.  Over 20 calls were made altogether.  

Read Article:   http://www.enterprisenews.com/news/x1177286299/Two-Brockton-men-charged-with-extortion

So what are these guys looking at? 

1.  Extortion:  The Massachusetts statute making this a crime in Massachusetts General Laws Chapter 265 Section 25.  The law prohibits anyone from communicating a threat to someone else with the intent to extort money from that person.  A conviction can carry a prison sentence of up to 15 years if the case in prosecuted in the superior court.  If the reports are correct this case was properly charged.

2.  Witness Intimidation:  Massachusetts General Laws Chapter 268 Section 13B sets out the criteria for witness intimidation.  If you threaten someone who is a potential witness in a criminal case you can be found guilty of this charge and sentenced for up to ten years in prison.  The article does not make clear how these two men are in violation of this statute.

I would bet that these cases remain in the district court given the absence of any physical harm to the victims.  If that is the case both defendants face no more than 2 1/2 years in the Bristol County House of Correction.

Continue Reading