February 11, 2011

Boston Teenager Charged with 2010 Murder on MBTA Bus

Kim Gross, Jr., 18, of the Roslindale section of Boston, was arrested and is facing Massachusetts Murder Charges in connection with the death of two men that occurred last November on an MBTA bus.

Gross is expected to be arraigned Monday in the West Roxbury Division of the Boston Municipal Court on First Degree Murder Charges, and possibly Aggravated Assault & Battery. He is also facing additional Massachusetts Gun Charges, including Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, and Possession of a Loaded Firearm, for a gun that was allegedly found at the time of his arrest.

The Boston Police Department alleges that Gross was riding the MBTA's Route 44 bus in Dorchester on November 2, 2010, along with the two victims. While on the bus, Gross allegedly got into an argument with the two men, and a knife fight ensued. One of the men, Richard Allen, 21, was taken to Boston Medical Center where he was pronounced dead; while the other man survived the alleged attack.

According to the Boston Police Department, Kim Gross was reportedly under surveillance by Boston Police as well as the MBTA Transit Police Department. The car he was driving in was stopped yesterday by Boston Police, and a ballistics dog (one trained to find firearms) was called to sniff the car. The dog reportedly discovered a gun in the car Gross was in.

No additional details have been released relative to the circumstances surrounding the stabbing on the MBTA bus last November, so it's unclear if Gross was known to the surviving victim and if there any Identification Defense; or whether the alleged murder weapon was ever recovered and tested forensic evidence, such as fingerprint evidence, that might link Gross to the murder.

It was also reported that, at the time of his death, Richard Allen had criminal charges of Armed Robbery pending.

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February 10, 2011

Man Wanted on Barnstable Kidnapping Charges Arrested on Cape Cod for Stealing Car

DePasquale.jpgPhillip A. DePasquale, 39, was arrested by Barnstable Police Officers on Massachusetts Theft Crimes Charges for allegedly stealing a car in Hyannis and then leading police on a chase that involved ramming into a police cruiser.

DePasquale was arraigned yesterday in the Barnstable District Court for several crimes, including Larceny of a Motor Vehicle; Receiving a Stolen Motor Vehicle; Negligent Operation of a Motor Vehicle; Failure to Stop for Police; Leaving the Scene of An Accident with Property Damage; and Possession of Burglarious Tools.

According to the Barnstable Police Department, DePasquale allegedly stole a car that parked at a Pizzeria Uno in Hyannis. When officers tried to pull him over, he refused and rammed the car in the police cruiser. DePasquale led police on a short chase but was apprehended when he allegedly crashed the car into a tree in Sandwich.

Upon his arrest on the Massachusetts Theft Crimes Charges, Depasquale was also determine to be a fugitive who had been on the Most Wanted List of the Massachusetts State Police Violent Fugitive Apprehension Division.

DePasquale had been wanted for allegedly Kidnapping a 27 year old disabled women in Hopkinton, Massachusetts, in late January. According to Massachusetts State Police, DePasquale is alleged to have tied her up in a vacant vehicle in Oxford and then left her in the car alone overnight during one of the snow storms.

For those charges, DePasquale is expected to be arraigned next Tuesday on several Massachusetts Crimes of Violence Charges, including Kidnapping and Assault & Battery.

It was also reported the DePasquale's criminal history includes a 1995 Massachusetts Manslaughter conviction, for which he was sentenced to 10-12 years in state prison, which explains why he was held on $100,000 bail for the theft of the car in Hyannis.

Continue reading "Man Wanted on Barnstable Kidnapping Charges Arrested on Cape Cod for Stealing Car" »

February 8, 2011

Quinlan Junta Arraigned in Reading Home Invasion

junta.jpgQuinlan Junta, 21, and Jason Molle, 20, were both arraigned this morning in Woburn District Court on several Massachusetts Violent Crimes Charges in connection with the robbery of a Reading apartment this past Monday.

Both Junta and Molle were charged with Home Invasion, Armed Robbery, Assault & Battery with a Dangerous Weapon, and Conspiracy.

According to the Middlesex County District Attorney's Office, Junta and Molle allegedly broke their way into the Reading apartment and forced a man to undress and then lie on the floor; and then they allegedly beat and robbed him.

Both Quinlan Junta and Jason Molle were held without bail pending a Dangerousness Hearing, which is scheduled for later this week in Woburn District Court. In order to detain a defendant, without bail and pending the outcome of the criminal case, a hearing is held for a Judge to decide whether 'no conditions of release will reasonably assure the safety of any other person or the community.'

If the name 'Junta' sounds familiar, Quinlan Junta is the son of Thomas Junta who, was convicted of the deadly beating of another man at their sons' hockey practice in 2000. Thomas Junta was convicted of Manslaughter and served 8 years in state prison - he was released this past August.

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February 7, 2011

Woman Arrested at Boston's Logan Airport for Drug Smuggling

cocaine-smuggling-jetblue-mule.jpgLuisa Gill, 21, was arrested by Massachusetts State Police and Federal Immigration and Customs Enforcement Officials on Massachusetts Drug Crimes Charges after she was allegedly found to have swallowed 50 pellets of cocaine.

Following her arraignment this morning in the East Boston Division of the Boston Municipal Court for on drug charges of Trafficking in Cocaine Over 200 grams, Gill was held on $200,000 cash bail.

Gill was reported to have swallowed the 50 cocaine pellets prior to boarding a Jet Blue flight from the Dominican Republic to Boston. Upon her arrival in Boston, law enforcement questioned Gill about her short trip, during which she began to "behave suspiciously." She continued to be questioned before allegedly admitting that she had swallowed almost 1 pound of cocaine.

State Police officers transported Luisa Gill to Massachusetts General Hospital where she was given a laxative to expedite the removal of the cocaine from her system. The cocaine pills were discovered to have been compressed into tiny air-tight packages. Massachusetts State Police report that the 'street value' of the cocaine seized from Gill's stomach was in the area of approximately $50,000.

In cases such as these, where alleged drug smugglers ingest packets of cocaine, the persons run the risk of suffering from acute cocaine poisoning should any of the packets fail while in the person's stomach.

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February 6, 2011

Boston Man Arraigned for Saugus Bank Robbery

Rolando Gala, 28, of Boston, was arraigned this past week on Massachusetts Robbery Charges for allegedly committing an Unarmed Robbery of an Eastern Bank branch in Saugus this past June.

According to the Saugus Police Department, Gala allegedly entered the bank at around 1:30 p.m. and demanded cash from the teller. The teller is reported to have given Gala $3,300 in cash before he allegedly fled the bank.

The Saugus Police responded to the bank after a panic alarm was activated. Although Gala had already fled the area, police report that the robbery was caught on the bank's surveillance system.

Following his arraignment on Unarmed Robbery Charges in Salem Superior Court, Gala was held on $100,000 cash bail.

Unarmed Robbery:
In Massachusetts, the crime of Unarmed Robbery carries a potential penalty of up to life in state prison.

By definition, the crime of Unarmed Robbery does not involve the alleged perpetrator being armed with a dangerous weapon, but who by force and/or violence, steals or takes from the person of another money or other property.

In contrast, were a firearm or other dangerous weapon were used in the robbery, Gala would have been charged with Armed Robbery, which also carries a life sentence in Massachusetts.

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February 5, 2011

Brockton Man Arrested on Massachusetts Drug and Gun Crimes Charges

James Widener, 35, of Brockton, was arrested this past week for allegedly violating Massachusetts Gun Laws and Drug Crimes. Being investigated by local, state and federal law enforcement, he was charged with several crimes, including:

Widener has also been charged as an Armed Career Criminal, which is a sentencing enhancement for those previously convicted of gun crimes.

According to Massachusetts police, Widener was under investigation for various crimes he allegedly committed over the past several months in Plymouth, Norfolk and Bristol Counties. Widener also was reported to have had outstanding Arrest Warrants for other alleged crimes in Quincy and Boston.

Widener was arrested along with Briana Tobin, 21, also of Brockton, while the two were traveling in a car in Kingston Thursday morning. After the car was stopped, police allegedly recovered a loaded handgun, a 12-round magazine, heroin and cocaine.

Following his arraignment in Brockton District Court, Widener was held on $50,000 cash bail, but was held for 60 days without bail after the judge revoked his bail out of the Quincy District Court.

Meanwhile, Briana Tobin was also charged with Possession of a Class B Substance; Unlawful Possession of a Firearm; Possession of a Large Capacity Firearm and Feeding Device; and Unlawful Possession of Ammunition. Following her arraignment, she was held on $2,500 cash bail and sent to a substance abuse treatment center.

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February 4, 2011

Wellesley Police Arrest Massachusetts Bay College Student on Gun Charges

dookhran-300x225.jpgDarryl Max Dookhran, 18, was arrested yesterday on Massachusetts Gun Crime Charges for allegedly unlawfully carrying a firearm on the campus of Mass. Bay College where he is also a student.

Doohkran is facing a number of gun charges, including Unlawful Possession of a Firearm; Possession of a Loaded Firearm; Unlawful Possession of Ammunition; Possession of a Large Capacity Firearm; Possession of a Large Capacity Feeding Device; Felon in Possession of a Firearm; Resisting Arrest and Disorderly Conduct.

According to the Wellesley Police Department, "an investigation" was conducted with regards to Dookhran and he was asked to speak with detectives. At some point, when police tried to pat him down, Dookhran allegedly backed against a wall and resisted the officer's attempt by punching and kicking them. A search of Dookhran's backpack revealed a loaded semi-automatic 9mm gun.

Notably, no information has been released as to why Dookhran was being investigated in the first place...

Although at first glance it may appear that the 'men in blue' at the Wellesley Police Department did a wonderful job at apprehending a criminal, it does seem that they may have made an egregious violation of Dookhran's Consitutional rights and, in the process, jeopardized their case against him. Simply based on the details that have been released concerning Dookhran's arrest, it may be that the police officer's were not justified in pat frisking him...

Under Massachusetts Constitutional law, not every encounter between a person being 'investigated' and a potential suspect gives rise to the justification to pat frisk that person. The law recognizes that even a frisk of someone's outer clothing is an intrusion and will only be justified if there is reasonable apprehension of danger to the police. In other words, if there is no danger, then a pat frisk is not justified.

In Dookhran's case, so long as there is no evidence that he made any over movements, statements did anything else to warrant the officers in fearing for their safety, then their attempting to pat frisk him should be challenged by way of a Motion to Suppress. If successful, then all the subsequent evidence obtained, i.e., the gun, ammunition, etc., will be suppressed or excluded from the case against him.

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February 3, 2011

Boston Man Arrested on Assault Charges After Snow Shoveling Dispute

William Plaza, 38, of Hyde Park, was arrested on Massachusetts Crimes of Violence Charges after he allegedly threatened another man with a knife following an argument over where to throw the snow he was shoveling in Boston's Back Bay.

Plaza was arrested and charged with Assault with a Dangerous Weapon after he allegedly threatened the other person with two knives. Although the argument initially began as verbal, it escalated when Plaza allegedly threw snow onto the other man. Thereafter, Plaza went inside one of the apartments and allegedly returned with two knives and stated "someone's going to get stabbed."

Boston Police Officers responded to the area and Plaza was arrested behind the building while sitting in his car.

Assault by Means of a Dangerous Weapon:
In Massachusetts, the crime of Assault by Means of a Dangerous Weapon is punishable by imprisonment in the House of Corrections for up to 2.5 years, or to state prison for up to 5 years.

In order to prove that an Assault by Means of a Dangerous Weapon occurred, the evidence must show that the defendant intended the Assault with a dangerous weapon, meaning that he consciously and deliberately intended the assault to occur - in other words, that it was not accidental or negligent.

Massachusetts criminal law defines 'Assault' as either an attempt to commit a batter or offer by one person to do bodily injury to another by force and violence; or putting another in fear of immediate bodily injury.

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February 1, 2011

Boston Men Arrested in Armed Robbery of Randolph D'Angelo's

Three Boston men were arrested Monday night for the Armed Robbery of a D'Angelo's in Randolph Monday night. Lee M. Francois and Johnson Charles, both of Dorchester, and Villy G. Bazile, of West Roxbury, are all scheduled to be arraigned this morning on Armed Robbery Charges in Quincy District Court.

According to the Randolph Police Department, the three men are alleged to have entered the store sometime around 9:30 p.m., and while wearing masked, robbed the employees at gunpoint.

The three men drove away, but were stopped by Randolph Police Officers less than a mile away from the store and were allegedly found to be changing their clothes. A search of the car allegedly revealed three sweatshirts similar to those described by witnesses, a bag containing cash; ski mask, and a BB gun.

In addition to Armed Robbery Charges, the men are also reported to be investigated as to whether they were also involved in other similar robberies in Boston, Quincy and Randolph.

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January 31, 2011

Dorchester Man Arrested with Open & Gross Lewdness for Exposing Himself at Train Station

Joise Ampara, 24, of Dorchester, was arrested last friday on Massachusetts Sex Crimes Charges for allegedly exposing himself on an MBTA train station. He was charged with Open & Gross Lewdness.

According to Massachusetts Bay Transportation Authority Police, Amparo was allegedly waiting on the train platform when he pulled down his pants and exposed his rear to over 40 passengers. Amparo then allegedly turned to the crowd and fondled his genitals before leaving the station.

After his arraignment on the Sex Crimes Charge of Open & Gross Lewdness, Amparo was ordered to report to the Lemuel Shattuck Hospital for evaluation.

Open & Gross Lewdness:
The crime of Open & Gross Lewdness is the intentional, indecent and offensive exposure of one's genitals to another person; and carries a term of imprisonment of up to 2 years in the House of Corrections or up to 3 years in state prison.

Notably, a second or subsequent conviction for the crime of Open & Gross Lewdness would subject the offender to the requirements of the Massachusetts Sex Offender Registry Board and Sex Offender Registration.

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January 28, 2011

Chelsea Man Arrested for DUI / Drunk Driving Hit & Run Death of Revere Man

Luis Gabriel Escalante, 22, was arraigned yesterday morning in the Chelsea Division of the Boston Municipal Court on Massachusetts Drunk Driving Charges.

Escalante was formally arraigned with Operating Under the Influence of Alcohol, Leaving the Scene of an Accident After Causing Death, and Motor Vehicle Homicide.

According to the Chelsea Police Department, Escalante allegedly struck and killed Julio Vaquerano this past December after driving while intoxicated with alcohol. Vaquerano was found suffering from major injuries in the area of Blossom and Maple Streets in Chelsea, and was pronounced at Massachusetts General Hospital. His injuries were reportedly consistent with being hit by a car.

Escalante was not arrested in connection with this incident until this past Wednesday after an 'ongoing investigation' involving the Chelsea Police Depatment and Massachusetts State Police.

It is unclear why, but it has been reported that, at his arraignment, Escalante allegedly made statements that he had been driving his gray in the area of Blossom and Maple Street and that he had allegedly consumed alcohol prior.

Not only because it is not clear what information led police to arrest and charge Escalante in this matter, but in all criminal cases and investigations, the persons charged would be well-advised to exercise his Constitutional rights and refrain from making any statements that could be used against him...particularly making statements in court.

In way too many cases that I have been involved with, often the most damaging evidence against my client has come from the defendant himself, whether from agreeing to be interviewed by the police, or from making a statement to a witness about his case. These statements, ones that implicate a person's guilty, or what are referred to as Statements Against Penal Interest, are admissible in court.

In Escalante's case, for example, if the police had questionable evidence tying him or or even his car to the scene of the crime, his statements or admissions in court most very likely took away that avenue of his defense...

For that reason, one should never agree to be interviewed by the police or otherwise make any statements to any person concerning his/her criminal case without first Consulting with a Boston Criminal Lawyer and/or without that lawyer present.

Continue reading "Chelsea Man Arrested for DUI / Drunk Driving Hit & Run Death of Revere Man" »

January 27, 2011

Somerville Taxi Driver Charged with DUI / Drunk Driving in Boston

Tyler A. Bryan, of Somerville, was arrested this morning on Massachusetts Drunk Driving Charges after he allegedly ran his taxi into a snowbank in the Brighton section of Boston.

Bryan was charged with Operating Under the Influence of Alcohol and Negligent Operating of a Motor Vehicle.

According to the Massachusetts State Police, Bryan allegedly drove his car into a snowbank on Soldiers Field Road. Police found him behind the wheel of the Somerville Green Taxi Cab with his head allegedly bobbing up and down and his eyes drooping shut.

He was also allegedly observed to have glassy and bloodshot eyes and slurred speech (as everyone does when they're stopped by the police for suspected drunk driving)...

Massachusetts State Police officers further alleged that Bryan failed to identify himself and that Boston comedians Lenny Clark and Denis Leary were going to come to his aid. He was eventually pulled from the vehicle by the police...

For those of you who read this blog regularly, you know that, in Massachusetts, you can be charged with Drunk Driving / DUI even if the police never observed you actually operating the vehicle.

In these types of cases, there are many factors that would allow DUI Charges being brought forward, such as evidence of an accident; indicia of intoxication or being impaired; whether the Field Sobriety Tests were performed; or whether a Breathalyzer Test was submitted to.

Because the consequences of being charged and convicted with Drunk Driving in Massachusetts can be severe, including resulting in jail time and severe probation and monetary penalties, you should immediately Consult a Boston Drunk Driving Lawyer.

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January 26, 2011

Massachusetts Supreme Court Rules Simply Putting Key In Ignition Enough for DUI / Drunk Driving

In the recent case of Commonwealth v. Robert McGillivary, the Massachusetts Supreme Court addressed the legal issue as to whether an intoxicated driver, who only puts the key in the vehicle's ignition without turning the car on, can be found guilty of Drunk Driving in Massachusetts.

By way of background, Robert McGillivary was convicted after trial of Operating Under the Influence of Alcohol. At trial, the evidence presented by the prosecutor was simply that he was found in the passenger's seat of the car and had turned the ignition key once to activate the car's power - but not further to turn the car on. At some point, the defendant testified that he had moved from the passenger seat to the driver's seat, but did not recall ever putting the keys in the ignition. He ultimately found by the police slumped over the steering wheel. At his trial, there was absolutely no evidence that he actually drove the car at all.

McGillivary was convicted after trial and he appealed his conviction arguing that simply turning the car's power on was not "operation" for purposes of the crime of Operating Under the Influence of Alcohol or Drugs.

The Massachusetts Supreme Court, however, said that it was...

In reaching its decision, the court relied on previous Massachusetts caselaw that defined "operation" as anytime a person intentionally does an act or makes use of any mechanical or electrical agency which alone or in sequence sets in motion the motive power of that vehicle.

In following that definition, the court explained that turning the key in the ignition to the "on" position could therefore constitute a part of a sequence that would set the vehicle's engine in motion, thereby constituting "operation."

In my reading of this opinion, there is still an argument to be made that simply putting the keys in the ignition, without turning or activating the electrical power, does not constitute "operation" for purposes of Massachusetts Drunk Driving Laws.

The lesson learned here then, ladies and gentlemen, is that if you are in any way intoxicated and pass out in the car, make sure the keys are not in the ignition...

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January 24, 2011

Holbrook Man Charged With DUI in Dorchester Crash

Patrick Fay.jpgPatrick Fay, 24, of Holbrook, was arrested and faces Massachusetts DUI / Drunk Driving Charges after he allegedly left the scene of an I-93 rollover in Dorchester that left his girlfriend in critical condition on Sunday night.

Fay was arraigned this morning in the Dorchester Division of the Boston Municipal Court and charged with Operating a Motor Vehicle While Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle, and Leaving the Scene of an Accident with Personal Injury.

According to Massachusetts State Police and the Suffolk County District Attorney's Office, Patrick Fay was allegedly driving on I-93 in Dorchester when he hit a snow bank around 1:00 a.m.. The car flipped over, and Fay's girlfriend, Alyssa Connolly, was reportedly not wearing her seatbelt and was ejected from the car.

When Massachusetts State Police Officers responded to the area, Fay allegedly began to run but was chased down and arrested.

Although prosecutors allege that Fay "showed signs of intoxication," there is no indication whether he was asked to perform any Field Sobriety Tests or was asked to submit to a Breathalyzer Test.

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January 23, 2011

Massachusetts Bus Driver Charged With DUI in Somerville

John McCarthy, 61, of Somerville, Massachusetts, was charged with Drunk Driving / DUI after he allegedly drove the MBTA bus he was operating into a car stopped at a red light in Somerville.

McCarthy was arrested this past Friday by Somerville Police and is expected to be arraigned on charges of Operating Under the Influence of Alcohol tomorrow.

According to the MBTA and Somerville Police, McCarthy was allegedly found in the driver's seat of the bus, slouched over the steering wheel with his foot on the brake. An MBTA Police Officer who responded to the accident allegedly observed the bus to be still in drive. An open bottle of vodka was allegedly found in McCarthy's possession.

Aside from hitting a car that was stopped at a traffic light, McCarthy also allegedly hit several parked cars along the way. No injuries of any persons or passengers have been reported.

According to police, McCarthy was asked to perform and allegedly failed several Field Sobriety Tests. The MBTA Police who responded to the scene reported that McCarthy was unsteady on his feet; had trouble standing without assistance; and wreaked of alcohol. It is unclear whether he was also asked to submit to a Breathalyzer Test.

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