Boston Criminal Lawyers Blog

Hector Guardiola, 25, of South Boston, Massachusetts, was arraigned today in Roxbury District Court on charges of Manslaughter and Assault & Battery with a Dangerous Weapon in connection with an incident at a Lansdowne Street pub that resulted in the death of Michael DiMaria.

DiMaria, who lived in New York, was in Boston visiting with old friends from college and the group went to a pub on Lansdowne Street to spend some time together.

According to the Suffolk County District Attorney's Office, prosecutors allege that a trivial argument broke out at the pub because one of the men in DiMaria's group accidentally brushed against Guardiola as he was going to the bathroom. An argument allegedly ensued and DiMaria's friend walked back to the table. At that point, Guardiola allegedly threw a beer mug, which shattered after hitting something and shards of sharp glass struck DiMaria, cutting his jugular vein.

Following his Arraignment on Manslaughter and Assault & Battery with a Dangerous Weapons Charges, Guadiola was held on $75,000 cash bail.

Manslaughter:
Both the crimes of Murder and Manslaughter require proof of an unlawful killing, but the killing may be Manslaughter if it occurred under mitigating circumstances, i.e., if there is no evidence of malice.

In Massachusetts, Manslaughter is defined as the intentional unlawful killing of another, and in order to be convicted of Manslaughter, the prosecutor must prove:

1. The defendant intentionally inflicted injuries likely to cause death upon the deceased that caused death; and


2. The defendant acted unlawfully.

Continue reading "Boston Pub Brawl Leads to Manslaughter Charge for South Boston Man" »

Ramon Silvelo-Miles, 20, of Lynn, Massachusetts, was arraigned in the Roxbury Division of the Boston Municipal Court yesterday as the second person charged for the Murder of Jaewon Martin on May 8 at the Bromley Heath Housing Development on the Jamaica Plain - Roxbury line. He was held without bail on charges of Murder, Unlawful Possession of a Firearm, and Assault & Battery with a Dangerous Weapon.

The Boston Police Department and the Suffolk County District Attorney's Office allege that Silvelo-Mile adn Timothy Hearns (of Dorchester) went to the Bromley Heath Development in Roxbury for the specific purpose of shooting a rival gang member. As Silvelo-Miles waited in the car, Hearns is alleged to have gone to the steps of the development and began firing. Hearns allegedly fired two shots at Martin, one of which struck him in the chest; and then shooting at Martin's 15 year-old friend in the chest and arm.

Following the shooting, Silvelo-Miles allegedly bragged about his involvement in the shooting, and certain witnesses apparently came forward with that information to the Suffolk County District Attorney's Office. As a result, Boston Police Homicide Detectives interviewed Silvelo-Miles but he claimed an alibi, which the Boston Police reports was found to be false.

Suffolk County prosecutors in Boston allege that Silvelo-Miles and Hearns belonged to the gang H-Block from Roxbury. The H-Block gang reportedly has a long history of feuding with the Heath Street Gang, many of whose members are believed to be from the area around the Bromley Heath Development.

Continue reading "Lynn Man is Second Person Charged with the Murder of Jaewon Martin in Boston" »

Hung Nguyen, 32, of Dorchester, Massachusetts, was arraigned on Friday in Dorchester District Court and charged with stabbing three other men during a fight on Thursday night.

According to the Boston Police Department, the incident occurred at the Saigon Seafood Restaurant in Dorchester. When they arrived on-scene, Boston Police officers said they encountered a melee involving a large group of individuals; and they were advised that there were multiple knives involves. Once the scene was made under control, Boston Police Officers report that several witnesses identified Hung Nguyen as the person who stabbed the 3 men.

Nguyen was held on $75,000 bail on Violent Crimes Charges including Assault & Battery with a Dangerous Weapon and Assault with Intent to Murder.

The crime of Assault with Intent to Murder is defined as the unlawful assault on a person with the specific intent to cause the death of the person assaulted. The maximum penalty in Massachusetts for the crime of Assault with Intent to Murder is up to 10 years in state prison.

The crime of Assault & Battery with a Dangerous Weapon is defined as the intentional unlawful touching of the person of another with a dangerous weapon. The maximum penalty in Massachusetts for the crime of Assault & Battery with a Dangerous Weapon is up to 10 years in state prison.

Continue reading "Boston Man Charged with Stabbing 3 Others in Dorchester Restaurant" »

Elizabeth Spoon, 40, plea guilty this past May in Peabody District Court to Assault & Battery with a Dangerous Weapon for stabbing a man who was fighting with her boyfriend 22 years ago. In exchange for pleading Guilty, she was sentenced to 3 years' probation.

The incident happened 22 years ago. Although a warrant for her arrest issued at the time, she was never brought before the court because the warrant was mistakenly issued with her boyfriend's last name. It took the police 22 years to match with the Social Security number on the warrant with Spoon's...

Prior to answering to the charges in Peabody District Court, Spoon was employed as a Beverly Middle School Teacher teaching fifth-grade math. Her license to teach having recently been reinstated, she is now hoping to have her old job back.

Continue reading "Beverly Teacher Who Plead Guilty in 22 Year-Old Stabbing Seeks to Return to Teaching" »

In response to a Craigslist ad, three persons traveled from Rhode Island to Milton, Massachusetts to purchase a television they saw advertised on the Craigslist website, only to be robbed at gunpoint of over $1,000.

According to the Milton Police Department, the incident occurred at a foreclosed home on Randolph Avenue in Milton, Massachusetts. Upon arrival, one of the three men went to the door of the home and was ordered inside at gun point. Once inside, he was pistol-whipped and robbed. The robbers then went to the car and also ordered the other two individuals into the home at gunpoint. One of them was also pistol-whipped, and they were both also robbed.

At this time, no further information has been released regarding any possible leads into this investigation. If apprehended, the suspects face various criminal charges, including Kidnapping, Assault & Battery with a Dangerous Weapon, and Armed Robbery.

Continue reading "Three Persons Duped into Craigslist Armed Robbery Scheme" »

Two men, brothers and both from Lawrence, Massachusetts, were stabbed outside the FELT nightclub early Monday morning, at approximately 1:30 a.m.

Boston Police Officers reportedly responded to the Boston nightclub for a report of a person stabbed. Upon their arrival, they determined that the Lawrence brothers had suffered stab wounds as a result of an altercation that began inside the nightclub with three other men. Once outside, the three men allegedly assaulted and stabbed the Lawrence brothers. Their injuries were reported to be non-life threatening.

The Boston Police Officers conducted a "Show-Up Identification Procedure" on-scene, where the Lawrence men allegedly identified the three suspects as Santiago Hernandez of Roxbury, Luis A. Alicea of Hyde Park, and William Sanjurjo of Dorchester, Massachusetts. All three suspects were charged with Assault & Battery with a Dangerous Weapon.

Continue reading "2 Lawrence Men Stabbed at Boston Nightclub" »

Felix Morales, 39, of East Boston, Massachusetts, was charged with Drunk Driving and for hitting Massachusetts State Police State Trooper Captain Francis Hughes on Monday, July 5, 2010.

The Suffolk County District Attorney's Office alleges that State Police Captain Francis Hughes had directed Morales to stop at an intersection in Cambridge when the traffic lights were blinking yellow. Morales, however, did not stop and drove straight at him, struck Trooper Hughes and dragged him on the hood of his car for 30 feet before he was thrown off. Once pulled over, Morales is also alleged to have failed a Field Sobriety Test, posting a Blood Alcohol Content level of 0.15, almost twice the legal limit of 0.08. Morales, it was revealed, had also been twice previously charged with Drunk Driving in Lynn and Revere.

At his arraignment in East Boston District Court, Felix Morales was charged with several Drunk Driving Crimes, including Driving Under the Influence, Leaving the Scene of an Accident, and Assault & Battery with a Dangerous Weapon.

This incident was the second in as many days when a Massachusetts State Police Trooper was struck by an alleged drunk driver. In a separate in incident on Sunday, July 4th, Trooper Sean McGarry was clipped by a passing motorist on Route 128 in Peabody as he was in the process of placing a man under arrest. The driver of that car has not been found, but police are searching for a grey or silver sedan that lost its passenger side mirror as a result of striking McGarry.

Continue reading "East Boston Drunk Driver Charged with Hitting Massachusetts State Trooper" »

Early yesterday afternoon, Massachusetts State Police Officers initiated pursuit of Alejandro Serra for allegedly driving through downtown Boston and screaming out of his car, and then driving at a man and his grandson who asked him to turn down the music.

Serra, however, wouldn't stop for Massachusetts State Police Troopers, and led them on a high-speed chase on the Massachusetts Turnpike from Boston to Framingham. The chase only ended when Serra rammed his can into a Massachusetts State Police vehicle and spun out of control.

Alejandro Serra was arraigned this morning in the Boston Municipal Court on several charges including Assault & Battery with a Dangerous Weapon, Negligent Operation of a Motor Vehicle, and Failure to Stop for Police.

He had been evaluated by a Court Psychologist, who described him to be "out of touch with reality" and recommended that he continue to be evaluated. Ultimately, Serra was held on $5,000 cash bail and ordered to be sent to Bridgewater State Hospital to under a more comprehensive psychiatric evaluation. Clearly, there is a question of whether Serra is even Competent to Stand Trial; and even if so, whether there is a Defense of Lack of Criminal Responsibility for his actions.

Continue reading "High Speed Chase on Mass. Pike Leads to Psychiatric Evaluation" »

John Rooney, 46, of Randolph, Massachusetts, was indicted by a Norfolk County Grand Jury for the stabbing death of 78 year-old Georgios Kontsas, of Stoughton. Along with the charge of Murder, Rooney was also indicted for Armed Home Invasion; Armed Assault in a Dwelling; Armed Assault with Intent to Murder; Armed Assault with Intent to Rob; and Assault & Battery with a Dangerous Weapon.

As previously reported in the Boston Criminal Lawyers Blog, Rooney is alleged to have entered the home of Kontsas and his wife and attacked the couple with a knife shortly after 10:00 a.m. on Saturday, February 27, 2010. Kontsas' wife, Dorothea, also suffered multiple stab wounds, but ultimately survived her injuries.

Although it is still now known the exact motive for the attack, it has been widely reported that Rooney was involved in some business dealings with the couple's son.

Continue reading "Randolph Man Indicted for Stoughton Murder of Elderly Man" »

Nine teenagers from Dorchester and Roxbury were arrested this past week and charged with the beating of a disabled Dorchester teenager. The incident occurred on Parkman Street in Dorchester this past Monday.

A witness to the incident told the Boston Police Department that he heard screaming and then saw a large group of teenagers punching and kicking the disabled teen while he was curled in a fetal position on the ground. The vicim, who is developmentally disabled, was reported to have suffered some injuries, but were not life-threatening.

All nine defendants were arraigned in the Dorchester Division of the Boston Municipal Court, and were charged with Assault & Battery on a Disabled Person and Assault & Battery with a Dangerous Weapon.

Continue reading "Nine Charged with Beating Disabled Teenager in Dorchester" »

Nathan Delaplain-Zook, 18, of Norwell, Massachusetts, was arrested for allegedly running over three teenage girls and then a teenage boy after trying to leave the scene. The May 3rd incident, at about 4:00 p.m., occurred in a condominium parking lot where a planned fight was supposed to take place between Norwell and Rockland teens.

Delaplain-Zook was arraigned this morning in Hingham District Court with three counts of Attempted Murder and two counts of Assault & Battery with a Dangerous Weapon. He was held without bail after a Mental Health Evaluation by Dr. Jody Shapiro, the court's mental health expert.

Witnesses told Rockland Police than when the van driven by Delaplain-Zook pulled into the parking lot, a teenager from Rockland tried to open the van's door and pull out one of the van's four occupants. The Norwell teenagers in Delaplain-Zook's van pushed the Rockwell teen away, at which point the van ran over three girls, including one girls' leg and another's stomach.

After the incident, the Massachusetts State Police Reconstruction Team responded to the area and were investigating the incident late into the evening. Witnesses on scene, however, report that it appeared to them that Delaplain-Zook intentionally ran over the teens.

At his arraignment today in Hingham District Court, it was disclosed that Delaplain-Zook has a history of mental health disorders and that he has been hospitalized three times in the past for other alleged acts of violence. Jody Shapiro, the court's mental health expert, also informed the Judge that Delaplain-Zook, as a result of his mental-health disoder(s), hears voices, though he did not report hearing any voices on Monday at the time of this alleged incident.

Continue reading "Norwell Teen Charged with Attempted Murder For Running Over 4 Others" »

Michael Marino, 27, of Salem, Massachusetts, was recently indicted by an Essex County Grand Jury in connection with the stabbing of another man outside of his apartment complex on April 1.

The Salem Police Department reports that Marino stabbed the victim at least seven times to his neck and side, puncturing his liver and diaphragm. The victim was reportedly in stable condition after undergoing surgery as a result of the attack. It is unclear what provoked the altercation at this time, but it is reported that the victim had a relationship with Marino's mother in the past.

The Essex County Grand Jury returned indictments for the charges of Armed Assault with Intent to Murder, three counts of Assault & Battery with a Dangerous Weapon Causing Serious Bodily Injury, and four counts of Assault & Battery with a Dangerous Weapon.

Continue reading "Essex County Grand Jury Indicts Salem Man for Attempted Murder in Stabbing" »

Jose Jobson, of Chelsea, was arraigned in the Dorchester Division of the Boston Municipal Court yesterday for allegedly beating and burning his pregnant girlfriend. As a result of the incident and in an effort to save the baby, doctors were forced to induce labor. The baby girl is reportedly doing fine.

The Boston Police Department reports that Jobson beat the pregnant woman this past Sunday night, in the presence of her three other children. When police responded to the scene, Jobson allegedly fled in his car with the three children in the back seat. When he was finally pulled over in Roxbury, Jobson first climbed into the back seat with the children, and then also allegedly began assaulted the police officers.

At his arraignment in the Dorchester Division of the Boston Municipal Court, Jobson was charged with Assault with Intent to Murder, Mayhem, Assault with a Dangerous Weapon, Aggravated Assault & Battery, Assault & Battery with a Dangerous Weapon, Unlawful Possession of a Firearm, Assault & Battery on a Police Officer, Resisting Arrest, and Failure to Stop for the Police.

Additionally, Jobson's criminal case scheduled for a Dangerousness Hearing on Monday in Dorchester Court, as well as for a hearing on whether his bail should be revoked on the charge of Possession with Intent to Distribute now pending in Somerville District Court.

Continue reading "Chelsea Man Arrested for Assaulting and Burning Pregnant Girlfriend in Dorchester" »

Charlie Borno, a Brookline High School Senior, was charged with Attempted Armed Robbery and Assault and Battery with a Dangerous Weapon for an incident this past Saturday that left one person suffering from a knife wound.

According to the Brookline Police and the Norfolk County District Attorney's Office, Borno and at least two others made plans to rob a group of people, pretending to buy marijuana from them. Borno is alleged to have been sitting in a car when the others abruptly opened the victim's passenger side doors and demanded money. One of the men was armed with a knife and ended up inflicting a deep wound to the hands of one of the occupants.

Brookline Police report that the victims were able to describe the suspects, including Borno, who was later arrested in his cousin's home. He was arraigned this past Monday in Brookline District Court and charged with Attempted Armed Robbery and Assault & Battery by Means of a Dangerous Weapon.

Continue reading "Brookline High School Student Charged with Armed Robbery" »

Roberto Perez, 18, of Rockland, Massachusetts, will be arraigned today in Hingham District Court for stabbing another teenager at a party in Rockland this past Saturday. The District Attorney's Office has charged Roberto Perez with Armed Assault with Intent to Murder and Assault & Battery with a Dangerous Weapon.

The victim, a 16 year old boy, was allegedly stabbed multiple times and ended up being airlifted to Boston's Brigham and Women's Hospital where he was listed in stable condition. It is not clear at this time what the dispute was that led to the assault.

In Massachusetts, the crime of Armed Assault with Intent to Murder is governed by M.G.L. Chapter 265, Section 18(b), and provides for imprisonment to state prison for up to 20 years. Additionally, the crime of Assault & Battery with a Dangerous Weapon, Causing Serious Bodily Injury, M.G.L. Chapter 265, Section 15A(c), provides for imprisonment to state's prison for up to 15 years.

Continue reading "Rockland Teen Charged with Armed Assault to Murder in Stabbing" »