September 2010 Archives

September 30, 2010

Boston Man Arrested for Murder of Waltham Student at Regis College


Robenson Daniel.jpgRobenson Daniel was arrested this morning and charged with Murder and several other Crimes of Violence in the stabbing death of Elhaji Malick Ndiaye, 18, of Waltham, as well as for stabbing another man outside a Regis College dormitory.

Daniel was arraigned this morning in Waltham District Court on charges including Murder, Assault & Battery with a Dangerous Weapon, and Armed Assault with Intent to Murder, and was held without bail.

According to the Waltham Police Department and Middlesex County District Attorney's Office, Daniel, Ndiaye and the other man were visiting friends at Regis College last week. At some point, an argument ensued between Daniel and the two men in the dormitory, but spilled out into the parking lot, which then led to a fight. In the parking lot, Daniel is alleged to have stabbed one man several times before being pulled off of him, and then attacked Ndiaye, who was standing nearby, and stabbed him in the chest. According to police and the prosecutor's office, video surveillance from Regis College helped identify Daniel as the alleged perpetrator.

As with most criminal cases, more specific details about what actually happened eventually gets disclosed to the public, but no other details were made available by the Waltham Police Department regarding this incident. There is no indication of any motive for the stabbing, what the substance of the argument between the parties were, if any of the persons involved had any prior criminal history, and/or whether either of the victims had any weapons.

At this time, Daniel will be brought back to Waltham District Court for what is termed a "Probable Cause Hearing" until the Middlesex County District Attorney's Office presents the case to a Grand Jury and obtains in indictment to Superior Court. In cases such as this, it is not uncommon two or several months to go by before evidence is presented and indictments are actually returned so that Daniel can eventually be formally arraigned in Middlesex County Superior Court.

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September 29, 2010

Massachusetts State Trooper Arrested for DUI and Assault on Off-Duty Boston Police Officer


Massachusetts State Trooper Timothy Walsh was arraigned on Monday on DUI-related charges and for pulling his gun on an off-duty Boston Police Officer. He was arraigned this past Monday for Operating Under the Influence of Alcohol, Assault with a Dangerous Weapon, Illegal Discharge of a Firearm and other related Drunk Driving Charges.

Walsh is alleged to have hit several cars early this past Saturday morning on Boston Street. A Boston Police Officer who lives on the street responded to the incident, and Walsh then allegedly pointed his gun at him. Boston Police further allege that Walsh then went into the Boston Police Officer's home and fired his gun.

As a result of this incident and his arrest, Walsh was indefinitely suspended without pay. He is an 18 year Army Veteran who served in Afghanistan. At his arraignment in Dorchester District Court, he was released on Personal Recognizance but ordered to remain alcohol-free; submit to random alcohol breath tests, and to submit to a Mental Health Evaluation.

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September 28, 2010

Boston Murder Numbers Rise in Shooting of 3 Adults and 1 Child in Mattapan


Mattapan shooting.jpgEarly this morning, rampant gunfire led Boston Police to respond to 40 Woolson Street in Boston's Mattapan section, where the bodies of two naked males, Simba Martin and Levaughn Washum-Garrison, and Eyanna Smith and her 2 year old son, Amani Smith, were fatally shot. Another third naked male, Marcus Hurd, who was also shot was rushed to Boston's Beth Israel Hospital where he was listed in critical condition.

The Boston Police have not revealed whether they have any suspects at this time, but have reported that witnesses heard six gunshots, and then see a 'shadowy' figure running down the street followed by a silver or light grey vehicle. That the victims' bodies were found naked in the street, according to the Boston Police, is an indication that the shooting resulted from a robbery or a drug deal gone bad.

Boston Police are said to be in the process of obtaining a Search Warrant for a home at 23 Sutton Street in Mattapan, which is believed to be the home of one of the victims, Simba Martin, and where the altercation is believed to have started. Sources also told police that Hurd had gone to Mattapan to buy marijuana.

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September 21, 2010

Boston Man Wanted for Dorchester Murders Captured in Trinidad


A Boston man with roots from Mattapan has been captured in Trinidad in connection with the Murder of three people at a Dorchester party last year.

Keron Pierre, 25, had been living in Trinidad with his wife. He was arrested on September 7 in marijuana charges and following his arrest, police discovered he was wanted out of Boston for Murder Charges. It was also discovered that he was also wanted in Trinidad in connection with another shooting there in March 2010.

Boston Police allege that Pierre killed Shacora Gaines of Brockton; Chantal Palmer, also of Brockton, and Anthony Peoples, 19, of Boston. The three friends were reported to have been leaving a party on Mt. Ida Road in Dorchester when Pierre and another man, Nigel A. Nichols, approached them and started hitting on the women. This lead to an argument between the parties, and Pierre then allegedly fired into the car the three were traveling in, killing all three.

For his role, the Suffolk County District Attorney's Office indicted Nichols for Accessory After the Fact of Murder; Pierre was indicted on three counts of Murder in abstentia, and an Arrest Warrant was issued for him following the indictment.

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September 20, 2010

Wayland Man Charged with Attempt to Kill at Sudbury Gas Station


Vandie Porter, 67, of Wayland, Massachusetts, was arrested yesterday morning for allegedly attempting to kill or maim after a fight broke out at a Sudbury gas station between him and another man and his son.

Sudbury Police allege that Porter ambushed the unnamed victim after he exited the Valero Gas Station in Sudbury and immediately began assaulting him. Porter also allegedly threatened to kill him and his entire family. Although it is unclear what prompted the altercation, Sudbury Police believe that the two men were acquainted with one another and that this was not a random incident.

Vandie Porter was arrested and charged with Assault & Battery, Attempted Murder, and Threats to Commit Murder.

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September 17, 2010

Dorchester Man Arrested in Robbery of Boston Cab Company


Two men have now been charged with robbing at gunpoint over $21,000 from the Boston Cab Company Dispatch Center, which occurred on November 9, 2009. Marvin Smith, 54, of Dorchester, Massachusetts, is scheduled to be arraigned today in the Boston Municipal Court on charges that include Armed Robbery.

The other man, Gerald M. Hill, 47, had already been charged with Armed Robbery for his role in the Boston Cab Company Robbery. At the time of Hill's arrest, he released from prison and on parole for Manslaughter in connection with the death of Leo Murphy, who was fatally stabbed in Boston's South End in 1977.

While that Manslaughter case was pending, Hill was then also charged with Second Degree Murder. He was one of three men who participating in the 1978 shooting of Max Fishman, then 63. At the time, Hill was 16 years old and pled guilty to Second Degree Murder. For his role with respect to both killings, Hill was committed to state prison for 30 years.

For his role in the Boston Cab Company Armed Robbery, Hill is alleged to have 'pistol-whipped' the dispatcher and then forcing him into a backroom where other Boston Cab Company employees were counting money. Hill then allegedly fled in a taxi cab, which was stopped a short time later by a Boston Police Officer working a detail. At the time of his arrest, he was found with two guns and over $21,000 in cash.

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September 16, 2010

John Odgren Loses Appeal for Reduced Murder Sentence


Lawyers for John Odgren appealed to Middlesex Superior Court Judge S. Jane Haggerty earlier this week, appealing that his sentence be reduced from First Degree Murder to Second Degree Murder.

Convicted of First Degree Murder for killing 15 year-old classmate James Alenson at Lincoln-Sudbury High School in 2007, Odgren was sentenced to serve a mandatory life sentence in state prison, without the possibility of parole. If the petition was successful, John Odgren would have been parole eligible after serving 15 years in prison.

Although Odgren's defense focused on Insanity / Lack of Criminal Responsibility, arguing that he was insane at the time of the murder because of his history of emotional problems and mental health issues, including Asperger's Syndrome. Jurors that heard the case found that he was, in fact, sane at the time of the stabbing.

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September 15, 2010

Boston College Student Charged with Armed Robbery of Brighton Convenience Store


Michael Kevin McCarthy, 22, of Roslindale and a part-time student at Boston College, was recently arraigned on several felony Violent Crimes Charges for robbing Tedeschi's Convenience Store in Brighton on August 13, 2010. He has formally been charged with Armed Robbery, Assault & Battery with a Dangerous Weapon, and Using a Disguise to Obstruct Justice.

Boston Police Officers and the Suffolk County District Attorney's Office allege that, on August 13, 2010, McCarthy entered the Tedeschi's in Brighton's Cleveland Circle at 1:00 a.m. and asked if the coffee was fresh. He left the store and then returned later that morning, around 5:00 a.m., and allegedly pistol-whipped the clerk. The clerk then turned over the cash to him from both cash registers.

During its investigation, the Boston Police Department obtained still photos of the incident from the video surveillance system and posted them on Massachusetts' Most Wanted. A few days later, they reportedly received a tip that the person involved was McCarthy and that he was a student at Boston College. Working alongside Boston College Police, Boston Police Officers were then able to match the man portrayed in the video to the student records on file. A photo array was then taken to the victimized store clerk, who positively identified McCarthy as the alleged robber.

Without question, Identification will play a central role in McCarthy's defense if this case goes to trial. How good an Identification Defense will be depends on the quality of the video surveillance footage, and how accurately the witnesses would be able to identify him as the person who robbed the store. That the store clerk has already picked out McCarthy from a photo array, does not necessarily mean that an Identification Defense is foreclosed. Attacking the accuracy of any identification, will still be a major focus point at trial.

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September 13, 2010

Lowell Man Arraigned in Drunk Driving Death of Off-Duty Lowell Police Officer


Theary Chan, 26, of Lowell, Massachusetts, was arraigned this morning in Lowell District Court on Drunk Driving Charges in connection with the death of Sgt. Patrick Johnson, an off-duty Lowell Police Officer who was struck and killed early Saturday morning.

Middlesex County Prosecutors allege that Chan was was driving drunk when his vehicle blew a stop sign and struck Johnson, was was riding his motorcycle at the intersection of Princeton Boulevard and Foster Street in Lowell.

Chan was arraigned for DUI / Operating Under the Influence of Alcohol and related Drunk Driving charges and bail was set at $5,000. As a result of the Chan allegedly causing the death of another, he could also be prosecuted for Vehicular Homicide.

DUI / OUI Charges in Massachusetts:
In every Massachusetts courtroom, Drunk Driving Charges are prosecuted very aggressively, no matter if it involved an accident or even death, as in the case above. Not only do DUI / OUI Charges carry a potential term of imprisonment, but they also carry serious penalties that include Driver's License suspensions, fines, probation, counseling, drug/alcohol treatment, and/or community service.

The strength of your OUI / DUI defense depends on a variety of factors. For example, whether the police officer claim they could smell alcohol on your breath; if you were unsteady on your feet or had slurred speech; whether you were involved in an accident; had empty or open alcohol containers in the car; failed any Field Sobriety Tests; and/or if you took or Refused the Breathalyzer Test.

See also Massachusetts Drunk Driving Penalties.

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September 10, 2010

Boston Man Arrested in Lynn for Alleged Drug Dealing in School Zone


A Hyde Park man was arrested in Lynn early yesterday morning for allegedly dealing drugs on Washington Street in Lynn, and within a school zone. Wilford G. Wright, 41, was arrested by Lynn Police Officers early Thursday morning and charged with Possession with Intent to Distribute Cocaine; School Zone Violation; Assault & Battery on a Police Officer; Resisting Arrest; and Trespassing.

Lynn Police Officers alleged that Wrigth was standing in a doorway and allegedly conducting a drug transaction with 2 other men. As the Lynn Police Officers approached, Wright allegedly tucked something in his pocket and walked into the building.

Despite several requests from the police to stop, Wright ignored them and only stated "I'm just going to my friend's apartment." Ignoring officers' commands, a Lynn Police Officer physically grabbed Wright and attempted to pat frisk him. At that time, he tried run away from the police and in so doing, pushed one of the officers.

Ultimately, Wright was pepper-sprayed and eventually subdued. After searching Wright, Lynn Police Officers discovered two bags of crack cocaine, a knife, and $73. After his Arraignment in Lynn District Court, Wright was held on $25,000 cash bail.

Despite what may appear to be a strong case for the prosecutor, these facts actually call into question whether the Lynn Police Officer's acted lawfully and with the requisite reasonable suspicion in believing that Wilford Wright was involved in criminal activity.

The Fourth Amendment of the United States Constitution guarantees every citizen to be free from unreasonable Searches and Seizures. In other words, the police must have at least reasonable suspicion, based on specific information, that the person they 'seize' has committed or is about to commit a crime. Without that reasonable suspicion, a police officer cannot lawfully order someone to submit to their commands to stop.

Wilford Wright should most certainly challenge the officer's actions by filing a Motion to Suppress. Although the officers might have had a 'hunch' that Wright was engaged in a drug deal, a 'hunch' will not justify an arrest. It does not appear that the officers saw any drugs or money being exchanged, concealing something in his hands, or otherwise acting suspiciously. Well what about that he immediately turned the other way to go back into the building when he saw the police you might ask? ...he has every right to do so - and without additional evidence or suspicion of criminal activity, that someone walks away at the sight of police approaching will not justify an arrest.

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September 9, 2010

Boston Man Gets 10 Years on Plea Deal for 2006 Cambridge Murder


Sherrod Bright.jpgSherrod Bright, 26, was sentenced to 10 years in connection to the 2006 Murder of Corey Davis of Cambridge, Massachusetts. In a plea deal, Bright pled Guilty to Manslaughter, being sentenced to 10 years in state prison, followed by 10 years probation upon his release.

According to the Cambridge Police Department and the Middlesex County District Attorney's Office, on March 19, 2006, Cambridge Police were called to investigate a shooting on Hamilton Street in Cambridge. Once on scene, officers found Davis lying on the sidewalk suffering from multiple gunshot wounds.

In addition to Sherrod Bright, his brother, Ahmad Bright, 17 of Dorchester, was indicted by a Middlesex County Grand Jury on Second Degree Murder Charges and Unlawful Possession of a Firearm; and Remel Ahart, 21 of Cambridge, was also charged with First Degree Murder, Armed Assault to Murder, and two counts of Unlawful Possession of a Firearm. Cambridge Police allege that Ahart shot Davis from the backseat of a car near where his body was found, and that Bright participated in the shooting as a Joint Venturer. Both Ahmad Bright and Remel Ahart have been previously found guilty of these charges.

Sherrod Bright was not initially arrested, but later turned himself in to answer on the charges. He was initially indicted for First Degree Murder, Accessory Before the Fact of Murder, and Conspiracy to Commit Murder. According to the Cambridge Police and the Middlesex County District Attorney's Office, Sherrod Bright allegedly ordered Davis to be murdered, and Ahmad Bright and Remel Ahart carried out his orders.

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September 8, 2010

Boston Police: Dorchester Man Admitted to Murdering his Wife


Roger_Paron_090710.jpgRoger Paron, Jr., was arraigned yesterday in the Dorchester Division of the Boston Municipal Court on Murder Charges for killing his wife, Victoria Paron, 39.

This past Saturday, Boston Police Officers responded to Victoria Paron's home on Bicknell Street in Dorchester to conduct a well-being check. The following day, Boston Police Officers located Roger Paron near Talbot and Blue Hill Avenue in Dorchester and when asked about his wife, he allegedly stated: "She's dead. I killed her." Boston Police Officers then went to the couple's home, where they discovered her body.

Following his Arraignment on Murder Charges, Roger Paron, Jr., was ordered held without bail.

Although unclear at this time, it appears that there may be some issue concerning Insanity or Lack of Criminal Responsibility with regard to this case. In Massachusetts, a person is not guilty of a crime if lacks the 'criminal responsibility' when he committed the crime.

When the Defense of Lack of Criminal Responsibility is raise, the prosecutor must then prove, beyond a reasonable doubt, that the defendant committed the offense charged and that he was sane when he did so. In other words, the burden is not on the defendant to prove any lack of criminal responsibility. In these cases, if the jurors at trial have a reasonable doubt whether the defendant suffered from a mental disease, then in order to find him criminal responsible, the prosecutor must prove that, despite any mental disease or defect, the defendant nevertheless possessed substantial capacity to both appreciate the criminality or wrongfulness of his conduct and to conform his conduct to the law.

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September 7, 2010

Boston Murder Numbers Rise on Labor Day Weekend


This Labor Day Weekend saw an increase in Boston's Murder rate in three separate incidents resulting in two deaths.

On Sunday, Boston Police Officers responded to Bicknell Street in Dorchester for a 'well-being' check on Victoria Paron, 39, after they had received an anonymous call. Upon their arrival, Paron was pronounced dead and her husband has been charged in her Murder. Roger Paron, 51, who had recently moved into the Dorchester residence, is scheduled to be arraigned in Dorchester District Court this morning on Murder Charges. The cause of death has not been disclosed at this time.

Another person was shot at 8:30 p.m. last night in Boston in the area of Astoria and Elizabeth Streets. The unidentified victim was taken to Boston Medical Center where he was pronounced.

Later that evening, another man was shot in the head in Dorchester's Field's Corner. No further information as to this man's condition was available.

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September 4, 2010

Boston Police Arrest 3 in Murder of Hyde Park Delivery Driver


The Boston Police Department reported this morning that they have arrested 3 persons in connection with the Murder of Richel Nova, 58, of Hyde Park, who was shot while delivering pizza to a vacant house on Hyde Park Avenue.

According to the Boston Police Department, two men and one woman allegedly placed an order with Domino's Pizza and gave the address of the vacant house. Once Nova arrived to deliver the pizza, he was lured into the house where he was stabbed. The three suspects then drove off in his own car. The vehicle was found this past Thursday at a church parking lot on River Street in Hyde Park. Without disclosing what was found in the car, the Boston Police Department stated that a substantial amount of evidence was found in the vehicle.

The names of the suspects has not been released by the Boston Police Department, but all are expected to be arraigned for Murder, Armed Robbery and other related charges on Tuesday in the West Roxbury Division of the Boston Municipal Court.

UPDATED ON TUESDAY, SEPTEMBER 7, 2010:
The individuals charged with the Murder of Richel Nova were arraigned this monring in the West Roxbury Division of the Boston Municipal Court.

Michel St. Jean, 20; Alexander E. Gallet, of Hyde Park, and Yaminey Mathurin, of Mattapan, all pled not guilty and were held without bail.

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September 3, 2010

Everett Bank Robber Shot by Police


An Everett man was shot by police and is in critical condition after trying to rob the Everett Cooperative Bank this past Tuesday.

The Everett Police Department alleges that the man entered the Everett Cooperative Bank, displayed a knife and robbed the bank of an undisclosed amount of case. The man fled but was cornered by several police officers in the backyard of a home on Tufts Avenue in Everett. When the police officers demanded that he drop the knife he refused, and instead lunged at one of the officers, at which time the officer shot him twice in the chest in Self-Defense.

Although he is expected to survive, he was taken to Massachusetts General Hospital where he was listed in critical but stable condition.

According to the Middlesex County District Attorney's Office, the man, whose name has not yet been released, will be charged with Armed Assault to Murder and Armed Robbery.

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September 1, 2010

Boston Man Charged with Assault to Murder in Dorchester Shooting


Kamal Oliver, 27, of Dorchester, Massachusetts, was arrested for allegedly shooting a man at 9:30 p.m. this past Monday on Lyndhurst Street in Dorchester.

The victim, Edward Toney, was reported to be in stable condition after having been treated for multiple gunshot wounds at Boston Medical Center. Oliver allegedly shot Toney as a result of an argument over a woman.

Oliver was arraigned yesterday morning in the Dorchester Division of the Boston Municipal Court on charges including Armed Assault to Murder, Assault & Battery with a Dangerous Weapon, Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, and Carrying a Loaded Firearm. After his arraignment, Oliver was held on $200,000 cash bail.

Armed Assault to Murder:
In Massachusetts, the crime of Armed Assault to Murder is defined as the unlawful assault against another person with a dangerous weapon, committed with the specific intent to cause the death of the person assaulted.

Gun Crimes in Massachusetts are extremely strict, and most gun or firearms related crimes impose minimum-mandatory jail or prison sentences:

The crime of Unlawful Possession of a Firearm, for example, carries a minimum-mandatory sentence of 18 months, with a maximum sentence of up to 5 years in state prison.

Additionally, the crime of Possession of a Loaded Firearm carries an additional penalty of up to 2.5 years in jail, but this sentence runs 'from and after' the imposition of the sentence for the underlying gun possession charge. This means, that in a worse case scenario, someone could be sentence to 5 years for Unlawful Possession of a Firearm, and then another 2.5 years for Possession of a Loaded Firearm and end up being sentenced to a total of 7.5 years!

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