Articles Posted in Motor Vehicle Homicide

Published on:

Inez Digiovanni, 29, of Harwich, was arrested yesterday on several Massachusetts Motor Vehicle Charges after allegedly running a stop sign and striking and Dorothy Kuczinski, 91, of Dennis. Inez Digiovanni is reported to be charged with Motor Vehicle Homicide, Unlicensed Operation of a Motor Vehicle, and Driving to Endanger.

According to the Yarmouth Police Department, Inez Digiovanni was allegedly driving her husbands truck at 11:30 a.m. Friday morning and did not come to stop prior to going through an intersection. The truck then allegedly struck Kuczinski’s car. Dorothy Kuczinski was eventually flown to Boston Medical Center, where she later died from her injuries.

According to police, Inez Digiovanni reportedly did not have a valid Massachusetts Driver’s License, and for that reason, her husband, Charles Digiovanni, will also be charged with Permitting an Unlicensed Person to Operate his vehicle.

The Massachusetts Crime of Motor Vehicle Homicide punishes those that operate a vehicle in a negligent or reckless manner so that the lives or safety of the public might be endangered, and which causes the death of another person. The penalty upon conviction for Vehicular Homicide is imprisonment for 2.5 to 15 years in state prison; or 1 to 2.5 years in the House of Corrections.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Motor Vehicle Crimes, including Motor Vehicle Homicide and Reckless Driving.

To schedule a Free Consultation, Click Here to Contact a Boston Criminal Lawyer or call 617-325-9500.

Published on:

Andrea Daley, 62, of Holliston, Massachusetts, will reportedly be charged with Motor Vehicle Homicide for striking and killing Wellesley doctor with her car.

According to police, Wellesley doctor Stanley Sabin, 74, was riding his bike in Millis Wednesday morning when Andrea Daley struck and killed him on Route 115. Although police allege that Daley was operating her vehicle in a negligent manner, Millis Police have stated that speed, alcohol and drugs are ‘not believed to be factors’ in this incident.

The crash, according to Millis Police, is still ‘under investigation.’

Stanley Sabin was reportedly wearing a helmet when he was riding his bicycle, but suffered severe head injuries as a result of the crash and was pronounced after being transported to Milford Regional Medical Center.

Andrea Daley, is scheduled to be arraigned in Wrentham District Court on the charge of Vehicular Homicide sometime in the next few weeks.

Boston Criminal Attorney Lefteris K. Travayiakis is available 24/7 for consultation on all Motor Vehicle Crimes, including Vehicular Homicide.

To schedule a Free Consultation, Click Here to Contact a Boston Criminal Lawyer or call 617-325-9500.

Published on:

Colin Ratiu, 24 of Boston, was arraigned yesterday morning in the Roxbury District Court on Massachusetts Motor Vehicle Crimes Charges, including Vehicular Homicide and Leaving the Scene of an Accident After Causing Death. He was held on $7,500 bail.

Ratiu is alleged to have struck and killed 24 year old Northeastern University graduate student Andrew Prior who was riding his scooter last November and dragged him 150 feet. According to the Boston Police Department and the Suffolk County District Attorney’s Office, Ratiu then allegedly left the scene of the accident.

After the November 14, 2010 crash, Boston homicide detectives reported witnesses told them a silver or grey sport utility vehicle fled from the scene. This past Thursday, Boston Police received an anonymous tip that the grey SUV involved in the accident had been driven by Ratiu. Police then located the SUV in Roslindale, which allegedly still had front-end damage on the right fender and windshield, and both front air bags had been deployed.

Although the vehicle did not belong to Ratiu, Boston Police alleged that the owner of the SUV informed police that Ratiu had used the car in November and claimed that the damage resulted from him hitting something to avoid hitting a skunk.

Following his arraignment yesterday in Roxbury Court, however, Boston Police Officers executed a Search Warrant at Ratiu’s home in Roslindale and allegedly found a “climate-controlled closet [where he was allegedly] growing marijuana.”

Consequently, Ratiu is also expected to be brought into West Roxbury District Court this morning to face additional Massachusetts Drug Crimes Charges.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for representation on all Massachusetts Felony Crimes, including Motor Vehicle Homicide and Drug Crimes.

To schedule a Free Consultation, Click Here to Contact a Boston Criminal Lawyer or call 617-325-9500.

Published on:

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.

Boston Criminal Lawyer Lefteris K. Travayiakis understands the serious implications of being charged with Massachusetts Drunk Driving / DUI Crimes, particularly Motor Vehicle Homicide, and makes himself available 24/7 for consultation to immediately begin protecting your legal rights.

To schedule a Free Consultation, Click Here to Contact a Boston DUI / OUI Lawyer, or call 617-325-9500.

Published on:

Jeremy Garnder, 29, was arraigned on Massachusetts Motor Vehicle Homicide Charges and Walter Smith was charged with DUI / Drunk Driving Charges in the car crash that killed Gregory Vilidnitsky, 57, in Framingham last September.

Both men were arraigned in Middlesex Superior Court this past week. Gardner was charged with Motor Vehicle Homicide, Leaving the Scene of an Accident After Causing Death, Leaving the Scene of an Accident Causing Property Damage, and Operating Under the Influence, Second Offense.

Smith was also arraigned on the Drunk Driving Charge of Operating Under the Influence, Fourth Offense.

According to the Framingham Police Department and the Middlesex County District Attorney’s Office, Jeremy Gardner was allegedly driving the truck when it struck and killed Vilidnitksy, who was working on a construction site on the highway that day. Gardner then allegedly got out of the car and began to leave the area.

Meanwhile, Smith, who was initially a passenger in the car, then allegedly got into the driver’s seat and also allegedly tried to leave the area. He was reportedly arrested at the scene of the accident.

Following their arraignment, Smith remained in custody on $10,000 cash bail; and Gardner was also held on $100,000 cash bail and ordered to be placed on house arrest with an electronic monitoring device and sobrietor should he post bail.

Boston Criminal Lawyer Lefteris K. Travayiakis recognizes the extremely serious consequences Massachusetts Drunk Driving Charges and related offenses, such as Motor Vehicle Homicide, can have. For that reason, he is available 24/7 for consultation.

To schedule a Free Consultation, Click Here to Contact a Boston Drunk Driving / DUI Lawyer Online, or call 617-325-9500.

Published on:

Roberto Lopez, 33, of East Boston, pled Guilty today to several Crimes of Violence Charges for allegedly trying to run down his cheating girlfriend, along with the friend, with his car.

Lopez pled Guilty to two counts of Armed Assault with Intent to Murder, three counts of Assault & Battery with a Dangerous Weapon, and Assault & Battery.

According to the Essex County District Attorney’s Office, on June 1, 2010, Lopez allegedly spotted his girlfriend, Vilma Rosales, along with her ‘other boyfriend’, Edwin Pineda, near the area of Union Street in Lynn, Massachusetts, and ran them down with his car.

Lopez allegedly tried running them down again, but both Rosales and Pineda were able to get out of the car’s way. Not to be outdone, Lopez then got out of the car and started kicking Rosales in the head; and then ran after Pineda, pinned him to the ground and began punching him.

According to the Essex County Prosecutor’s Office, Lopez allegedly told responding Lynn Police Officers that he was pissed when he saw Rosales with Pineda together in Lynn because she had promised him that she would stop seeing Pineda. Although Lopez and Rosales were not married, they were apparently together for 8 years and had 2 children together.

Both Rosales and Pineda suffered injuries as a result of the attack by Lopez. Rosales suffered a broken knee and femur; Pineda suffered a deep gash on one of his legs.

Although the Essex County prosecutor requested a state prison sentence of at least 7 years, the Judge sentenced Lopez to 5 year in state prison, with 2 years probation following his release.

Boston Criminal Lawyer Lefteris K. Travayiakis is an experienced criminal trial attorney available 24/7 to represent those charged with all major felony crimes, including Crimes of Violence, such as Armed Assault with Intent to Murder and Assault & Battery with a Dangerous Weapon.

To schedule a Free Consultation with a Boston Violent Crimes Lawyer, Contact Us Online or call 617-325-9500.

Published on:

Robert Bryant, 50, of Haverhill, Massachusetts, was arraigned and charged with Drunk Driving Charges and Motor Vehicle Homicide for striking and killing Cynthia Anne Ray.

According to the Essex County District Attorney’s Office, Ray had gone to the Andover Massachusetts State Police barracks with her mother to file a motor vehicle crash report that involved her husband earlier in the day. As she left the State Police station and headed towards her car, she was struck by a pickup truck. Her mother, not realizing what had happened, ran inside the police station to report that accident. Only when State Police officers responded outside did she discover that it was her daughter that had been struck.

Cynthia Anne Ray was taken to Lawrence General Hospital where she later succumbed to her injuries.

Meanwhile, Robert Bryant allegedly tried to leave the scene, but was stopped by Massachusetts State Police. Officers who stopped him believe that he was under the influence of alcohol.

Bryant has been charged with several Drunk Driving Crimes, including DUI/OUI, Leaving the Scene of an Accident with Personal Injury, and Motor Vehicle Homicide. Following his arraignment, he was held on $50,000 cash bail.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation for those charged with Drunk Driving Crimes, including Operation of a Motor Vehicle Under the Influence of Alcohol, Leaving the Scene of an Accident with Personal Injury, and Motor Vehicle Homicide.

To schedule a Free Consultation with a Boston DUI Lawyer, Contact Us Online or call 617-325-9500.

Published on:

Mary Huot, of Fall River, Massachusetts, is charged with Assault with Intent to Murder for allegedly driving her car into a large crowd of people.

The incident occurred last Sunday morning when Huot allegedly drove into the crowd, which resulted in injuries to three young women. According to New Bedford Police, a witness told them Huot laughed as she drove her car over the curb and gunned the gas at several people standing on the grass. Huot then allegedly left the scene of the incident.

In addition to Assault with Intent to Murder charges, Huot was also charged with Leaving the Scene of an Accident with Personal Injury, and Assault & Battery with a Dangerous Weapon. She is expected back in court this Monday for a Dangerousness Hearing.

A Dangerousness Hearing is held in those cases where the crime involves a Crimes of Violence or a felony offense that has as an element the use or threat of physical force against another person and where the prosecutor asks the Judge to detain the person without bail. A defendant against whom a petition for detention is requested is entitled to a hearing, at which the Judge must find that the prosecutor has proven that ‘no conditions of release will reasonably assure the safety of any person in the community.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation of all major felony crimes, including Assault to Murder, Assault & Battery with a Dangerous Weapon, and other Crimes of Violence.

To schedule a Free Consultation with a Boston Criminal Lawyer, Contact Us Online or call 617-325-9500.

Published on:

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.

Boston Criminal Lawyer Lefteris K. Travayiakis represents persons accused of OUI / DUI and related Drunk Driving Charges, such as Leaving the Scene of an Accident, Reckless Driving and Vehicular Homicide, and is available 24/7 for consultation.

To schedule a Free Consultation with a Boston Drunk Driving Lawyer, Contact Us Online or call 617-325-9500.

Published on:

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.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons charged with the crimes of Attempted Murder, Assault & Battery with a Dangerous Weapon, other Crimes of Violence, as well as issues relating to mental health, competency and Lack of Criminal Responsibility.

To schedule a Free Consultation and to discuss your criminal case with Attorney Travayiakis, Contact Us Online or call 617-325-9500.

Click here to read more on the Norwell Teen Accused of Running Over Rockland Girls, as reported by Molly A. K. Connors and John R. Ellement, Boston Globe.