Articles Posted in Miscellaneous

Published on:

Enacted in 1998, the Massachusetts Armed Career Criminal Statute, M.G.L. c. 269, section 10G, otherwise known as “ACC”, imposes enhanced penalties for persons previously convicted of a “violent crime” or a “serious drug offense.”

Depending on the number of prior convictions that might form the basis of an ACC enhanced indictment, a person may be indicted as an armed career criminal as a level 1, 2 or 3. ACC Level 1 provides for an additional punishment of a minimum-mandatory sentence of 3 to 15 years; Level 2 provides for 10-15 years; and Level 3 provides for a 15-20 year sentence to state prison.

But what “violent crime” is sufficient to form a basis of an enhance Armed Career Criminal indictment?

Published on:

A Boston firefighter was arraigned this week in West Roxbury District Court on charges of Violation of a Restraining Order, Threat to Kill, and Intimidation of a Witnesses.

It is alleged that a Michael Costello, of Hyde Park, had been the subject of a restraining order taken out against him by a Boston Police Officer. According to the Suffolk County District Attorney’s Office, Costello allegedly told another officer that he planned to kill the officer who had taken out the restraining order in Quincy District Court.

Following his arraignment, Michael Costello was held on $1,000 police, but was held without bail after his Quincy bail was revoked.

Published on:

Derrick Hunt, 21 of Roxbury, and Jose Maysonet, 19, of Boston, were both arraigned this morning in Boston Municipal Court on charges of Intimidation of a Witness in connection with the Murder of Alex Sierra, 18.

Sierra was shot this past weekend in Boston’s South End, allegedly by Ricardo Arias. According to the Suffolk County District Attorney’s Office, Hunt and Maysonet, friends of Arias, allegedly threatened a witness prior to Arias’ arraignment.

In Massachusetts, the crime of Intimidation of a Witness is defined as the attempt to influence or intimidate a witness or to interfere with a criminal investigation. The potential penalty upon conviction for this crime is for any term up to 2.5 years in the House of Corrections; or up to 10 years in state prison.

Published on:

perkins.jpgKendrick Perkins, former center for the Boston Celtics, was arrested early this morning in his hometown of Texas on Disorderly Conduct charges.

According to police, officers responded to a club where a large group of men was reported to be rowdy. Although the group of men that were with Perkins reportedly tried to calm him, he became angry and allegedly tried to start a fight.

In Massachusetts, the crime of Disorderly Conduct is punishable with a fine of up to $150 for a first time offender; and up to 6 months in jail for a subsequent offense. The law prohibiting Disorderly Conduct is intended to control that conduct which disturbs the public tranquility or is aimed to alarm or provoke others. Specifically, Disorderly Conduct prohibits the following acts or conduct:

  1. The use of force or violence;
Published on:

dougan.jpgSunday’s Boston Globe cover story, entitled “He’s the jurist defendant’s covet – Judge ‘Let Me Go'”, unfairly portrays Boston Municipal Court Judge Raymond G. Dougan, Jr. as the most lenient judge in the Commonwealth of Massachusetts and misleads the public from what the Suffolk County District Attorney’s Office is trying to accomplish – an uneven playing field.

The reality is, for every Judge who may be ‘defense oriented’, there are 20 Judges who continue to ‘prosecute from the bench’. Why doesn’t the Boston Globe run a front page article about the number of cases that are dismissed in Suffolk County each year because Mr. Conley’s office neglects to obtain evidence or otherwise prepare for trial? Or because police and other witnesses fail to appear? Or when prosecutor’s witnesses are caught lying under oath in court? Or when prosecutor’s withhold exculpatory evidence while defendant’s are wrongfully detained in jail?

At the end of the day, it is a pathetic and clearly calculated campaign undertaken by the Suffolk County District Attorney’s Office to remove from the judiciary any Judges that are not afraid to make truly independent rulings and without regard to whether or not they appease Mr. Dan Conley. I commend Judge Dougan for not caring whether his rulings piss off the prosecutors…I commend him for standing firm on each and every ruling he has made. The reality is, there are way too many judge’s that make their rulings because they are influenced with public opinion.

Published on:

todd randall.jpgRevere Police Officer Todd P. Randall, was charged in Boston’s Federal Court with Obstruction of Justice and Bribery.

According to the U.S. Department of Justice and the Boston FBI office, Revere Police Officer Randall allegedly lied to FBI agents when questioned about a conversation he had with an FBI informant. The informant disclosed that Officer Randall, while on duty and with his Revere Police vehicle, drove to the informant’s home and accepted a bribe of $200 to help fix or influence a pending criminal case of the informant’s friends that was pending in Chelsea District Court.

Federal agents further allege that, when confronted, Officer Randall denied ever knowing or meeting the informant or friend. The FBI agents, however, had videotaped the Revere police officer in the act of taking the money and accepted the bribe.

Published on:

Deshawn James Chappell, 27, was arrested last night by Boston Police Officers at his grandmother’s apartment in Roxbury for the Revere Murder of Stephanie Moulton, 25, of Peabody, Massachusetts.

Moulton was a counselor at a Revere group home that was operated under the Suffolk Mental Health Association (which is contracted by the Massachusetts Department of Mental Health) where Chappel was a resident. According to Revere Police, Boston Police and the Suffolk County District Attorney’s Office, Moulton was allegedly attacked by Chappell and taken from the group home sometime yesterday. Later on in the evening, her body was found behind the St. George Greek Orthodox Church in Lynn.

At this time, no information has been released as to specific details regarding the murder, but authorities believe that, at the time of the incident, Moulton was likely the only employee at the group home at the time. Police have indicated, however, that the murder most likely occurred inside the Revere group home, as blood and other forensic evidence was located.

Published on:

Albert Lanzo, Jr., 50, of Methuen, was arrested for his 14th Massachusetts DUI Offense in Lawrence this past weekend. Lanzo was specifically arraigned on Drunk Driving Charges including Operating Under the Inlfuence of Alcohol, 5th or Subsequent Offense; Driving with a Suspended License; and Leaving the Scene of Property Damage.

According to the Lawrence Police Department, Lanzo allegedly drove over a mailbox and left the scene. After police responded to investigate, Lanzo’s truck was located less than a mile away, with Lanzo slumped over the steering wheel.

Although Lawrence Police “detected a strong odor of alcohol”, it is unclear whether Lanzo was asked to perform any Field Sobriety Tests and/or to submit to a Breathalyzer Test.

Published on:

Jose Rosario, 28, for Dorchester, Massachusetts, went into a 7-11 in Watertown and ended up being arrested for Assault & Battery with a Dangerous Weapon and Disturbing the Peace for allegedly beating the clerk with windshield washer fluid and a lollipop tree stand.

According to the Watertown Police Department, police officers responded to the Mount Auburn Street 7-11 and observed Rosario allegedly threatening the clerk with windshield wiper fluid and assaulting the clerk with a lollipop display stand.

After separating the parties and speaking with witnesses, the Watertown Police Officer alleged that Rosario and the clerk got into an argument over a money order, which led Rosario spitting at him. The clerk, in return, threw a bottle of windshield wiper fluid at him in an effort to get him to leave; but Rosario allegedly threw the bottle back at him and then began to beat him with a lollipop display stand.

Published on:

Stephen R. Gittens’ “reckless and dangerous” bicycling on Broadway and Prospect Streets in Cambridge earlier this past week ultimately led to him unleashing a fit of ‘bike rage’ on a Cambridge Police Officer and his being arrested for several Violent Crimes Charges.

Gittens, 48, of Cambridge, Massachusetts, was arrested and charged with Assault with a Dangerous Weapon; Assault & Battery with a Dangerous Weapon; Assault & Battery on a Police Officer; Resisting Arrest and Disorderly Conduct.

According to the Cambridge Police Department, Gittens was riding his bike in a “reckless and dangerous fashion” by “dangerously weaving in and out of oncoming traffic.” When officers stopped Gittens in order to inform him that it was unsafe for him to interfere with traffic in that manner, Gittens allegedly began to verbally abuse the officer.