Articles Posted in Murder

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Jared Remy, of Waltham, was charged this week in Waltham District Court with Massachusetts Murder Charges in connection with the stabbing death of his girlfriend, Jennifer Martel.

According to the Middlesex County District Attorney’s Office, Waltham Police officers responded to a 911 call at Remy’s apartment and found what they described as a scene indicating a struggle inside and outside of the home. Ms. Martel, according to police, was located on the patio outside with multiple stab wounds.

A neighbor, identified by the Boston Globe as Benjamin Ray, told the media he witnessed the incident; that Remy was repeatedly stabbing her with a knife. He told reporters that he tried to stop it but it wasn’t enough.

Several reports have since surfaced that suggest that there had been prior incident of alleged domestic violence involving Remy and Jennifer Martel, including a pending Waltham District Court case for domestic assault & battery that Remy had reportedly been arraigned on earlier this week.

Remy pled not guilty to the Murder Charges, which is punishable by life imprisonment.

In Massachusetts, first degree murder can be charged where the act is committed with either deliberate premeditation and malice; or extreme atrocity or cruelty with malice.

However, some circumstances may present themselves in this case that might lessen this defendant’s culpability for the alleged act. Some examples of mitigating circumstances may include heat of passion upon reasonable provocation; sudden combat; or excessive force in self-defense.

In order to be convicted of voluntary manslaughter, the prosecutor would have to prove, beyond a reasonable doubt, that (1) the defendant intentionally inflicted injuries likely to cause death; and (2) that the defendant acted unlawfully. The penalty for imprisonment upon conviction for voluntary manslaughter is commitment to state prison for up to 20 years.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Murder Charges, including first degree murder, second degree murder, and manslaughter charges.

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

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In Commonwealth v. Akara, the Massachusetts Supreme Judicial Court considered whether evidence of a defendant’s “gang affiliation” was properly admissible in his murder trial on a theory of joint venture.

In that case, the defendant was charged as a joint venturer in the murder of Philip Gadsden at an MBTA station.

At trial, the government introduced evidence of the defendant’s gang affiliation through the testimony of a Boston Police Officer. The officer testified that the Boston Police Department classifies any group or association of four or more people who call themselves by a group name and have various identifying signs, symbols or clothing. At trial, witnesses testified that the defendants were associated with a particular gang, but there was no evidence of any specific criminal activity by this gang other than alleged vandalism.

Notably, there was also no evidence of any motive for the murder or that the victim was associated with any “rival” gang.

Gang evidence may be admissible in criminal trials to show motive or to establish “joint venture”. Although the gang evidence in this case did not go to establish motive, the Massachusetts Supreme Court held that it was properly admitted to establish evidence of the defendants’ relationship, which in turn bolstered the prosecutor’s theory of joint venture.

This is not to say that all evidence of gang affiliation is automatically admissible in criminal trials. Defense attorneys will make efforts to exclude gang evidence at trial, particularly where a defendant’s purported gang membership is so prejudicial that it might suggest to a jury that he has a propensity to crime of violence.

Massachusetts Criminal Lawyer Lefteris K. Travayiakis represents persons charged with all crimes, including Murder, and is available 24/7 for consultation.

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

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A second defendant was charged with Murder in connection to the October stabbing death of Cherby Lajoie in Dorchester, Massachusetts.

The female defendant, Tarayiah Hunt, 21, of Dorchester, was formally arraigned in the Dorchester Division of the Boston Municipal Court recently and charged with murder.

The victim in this case, Cherby Lajoie, was found on on Charles Street on October 6th just after 1:00 a.m. suffering from 37 stab wounds and was pronounced dead at the scene.

According to the Suffolk County District Attorney’s Office, this defendant was allegedly identified in connection with this murder through DNA evidence at the crime scene and nearby surveillance video. Prosecutors also represented that police were provided with an anonymous tip identifying this defendant by her nickname, “Tip”.

The other person first charged with murder on this case is a 15 year old juvenile, and he is the person prosecutors allege actually stabbed the victim.

In cases where the crime is committed by one actor, others may also be charged with the crime under the principle of aiding and abetting or joint venture. Under this theory of criminal law, a person may be guilty of a crime even if he did not personally commit the crime, but somehow aided and abetted in its commission.

In a joint venture, a person is guilty of the crime as a joint venturer if he intentionally participates with another in the commission of a crime as something he wishes to bring about and seeks by his actions to make it succeed.

In order to prove a defendant guilty of a crime as an aider and abetter, the government must prove that the defendant (1) was present at the scene of a crime; (2) had knowledge that another person intended to commit the crime and shared that person’s intent; and (3) aided or assisted the commission of that crime; or by agreement, was willing and available to assist the other person in carrying out that crime if necessary.

In some circumstances, the government would not have to prove that the defendant was even present at the scene of the crime. In this scenario, the government would have to prove that the defendant actually aided in the commission of the crime or was an accessory before the fact of the crime by counseling, hiring or otherwise procuring the crime to be committed.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Murder Charges.

To schedule a Free Consultation, Click Here Contact a Massachusetts Murder Lawyer or call 617-325-9500.

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A Massachusetts man wanted by the Boston Police Fugitive Unit was arrested on Murder Charges in connection with the death of a Boston man on Valentine’s weekend in Mattapan.

The defendant, Kewon Kelley, was arraigned in the Dorchester Division of the Boston Municipal Court on murder and firearms charges.

According to the Boston Police and Suffolk County District Attorney’s Office, the victim, Rawshawn Lamont Few, 27, was shot in Mattapan on February 17, while he was at a party. Prosecutors and police believe that during an argument, the defendant pulled out a gun and shot Few.

The defendant was arrested in Brockton by Boston Police, U.S. Marshalls and members of the Brockton Police Department.

Interestingly enough, another man was suspected by Boston Police as having been responsible for this murder. Osmell Odena had previously been charged with firearms charges after his car was allegedly seen speeding from the area of the shooting. Prosecutors are now saying that Osmell Odena is not connected in any way to this incident.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Homicide Charges.

To schedule a Free Consultation, Click here to Contact a Massachusetts Homicide Lawyer or call 617-325-9500.

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A New Bedford man was charged this past week with Massachusetts Murder Charges in connection with the death of a 9 month old infant.

The defendant, Ethen Harrison, was arraigned in New Bedford District Court this past week on the upgraded charge of murder. He had previously been arraigned on various assault charges.

According to the Bristol County District Attorney’s Office, the defendant allegedly assaulted the infant in the apartment he shared with the child’s mother. Although the two were reportedly living together, the defendant was not the biological father of the child.

New Bedford Police Officers reported that the defendant made some alleged statements following his arrest, including that he allegedly admitted that the infant because fussy and that he caused the child to hit its head on the floor. The child’s mother reportedly left the child alone with the defendant.

The infant was found to have succumbed to blunt force trauma to the head and had a large blood clot on its brain.

Defendant’s who are the subject of any criminal investigation, particularly those involving criminal charges as serious as murder, should think twice about discussing any part of the allegations with police prior to engaging the representation of a criminal defense lawyer.

There is a reason why police are required to read to a defendant his Miranda rights and specifically advise him that he has a constitutional right to consult with an attorney and that any statements he makes may be used against him in a court of law.

Although there are mechanisms to challenges whether any alleged statements were properly and constitutionally elicited, suppressing or excluding any admissions or inculpatory statements is extremely difficulty, particularly if the interview was video recorded. Typically, where a defendant has made inculpatory statements and the proper warnings were given, courts are reluctant to rule that the statements were not intelligently, knowingly and voluntarily made in light of the defendant’s constitutional rights.

Massachusetts Criminal Defense Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Crimes of Violence, including murder.

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

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Two Boston men were arraigned on Massachusetts Murder Charges involving the shooting death of Courtney Jackson at the Dudley MBTA Station while he was waiting for the bus.

The two defendants, Brian Cooper and Jamel Bannister, were each arraigned in the Roxbury Division of the Boston Municipal Court on charges of Murder and Gun Possession Charges.

According to the Suffolk County District Attorney’s Office, after an argument, the defendants pointed a gun at Courtney Jackson who was standing amongst a crowd of people at the Dudley MBTA Station. At the arraignment of the defendant, the prosecutor also represented that the entire incident was allegedly caught on video.

Two Boston Police Officers who were working a detail nearby the station alleged chased and arrested the two defendants shortly after the shooting. One of them was allegedly found to be in possession with the murder weapon.

Murder in Massachusetts is defined as the unlawful killing of another with either malice or in the commission or attempted commission of a felony, and is punishable by life imprisonment.

For example, 1st degree murder and those killings that occur with deliberate premediation and malice; with extreme atrocity or cruelty and with malice; or in the commission or attempted commission of a felony. An unlawful killing that does not meet these three criteria is murder in the 2nd degree.

Boston Criminal Defense Lawyer Lefteris K. Travayiakis is available 24/7 for a free consultation for all gun crimes and crimes of violence, including murder.

Click Here to Contact a Massachusetts Murder Lawyer or call 617-325-9500.

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Boston Police have arrested a second man in connection with the May Murder of Steven Fuentes.

Anthony Solomon is to be arraigned in the Roxbury Division of the Boston Municipal Court and charged with Murder and Unlawful Possession of a Firearm. He is the second defendant charged in connection with this murder. George Ortega, of Lynn, was previously charged and arraigned in September.

According to the Suffolk County District Attorney’s Office, George Ortega and Steven Fuentes confronted each other in front of the victim’s home. The prosecution alleges that there was an “ongoing dispute” between the two men.

At some point during the confrontation, Ortega pulled out a gun and shot Fuentes several times. He was allegedly identified by witnesses and is also believed to be on a nearby surveillance video.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Crimes of Violence Charges, including Murder.

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

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Two brothers from Mattapan were charged with Massachusetts Murder Crimes Charges last week in connection with the stabbing of 15 year old Lance Hartgrove in Roxbury on July 10, 2012.

The two brothers were arraigned in Suffolk Superior Court and each are charged with Manslaughter and Assault & Battery with a Dangerous Weapon.

According to the Suffolk County District Attorney’s Office, a fight broke out outside the Social Security Administration building in Roxbury. The victim, Lance Hartgrove, armed with a kitchen knife, reportedly went to the building after being called there by a friend. After throwing a glass bottle at a window, Hartgrove went into the building with two others and began fighting with one of the defendants, which eventually spilled outside.

Prosecutors reported that one of the defendants was at the social security office with his mother, and when the fight broke out, the mother called her other son to assist. Ultimately, the victim was stabbed in the chest, and a friend of his was stabbed in the back.

Following their arraignment in Suffolk Superior Court, both defendant brothers were each held on $500,000 bail.

In Massachusetts, Manslaughter is defined as an intentional unlawful killing that occurred with mitigating circumstances. Mitigating circumstances lessen a defendant’s culpability for the act, and some examples of mitigating circumstances are excessive force in self-defense; heat of passion upon reasonable provocation; or heat of passion by sudden combat.

The crime of Manslaughter in Massachusetts is punishable by imprisonment for up to 20 years.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Crimes of Violence, including Murder and Manslaughter.

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

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A Cohasset man was arrested for Massachusetts Murder Charges following the family brawl that ended in the death of his brother-in-law. The man was arraigned in Quincy District Court earlier this week and charged with Manslaughter.

According to the Norfolk County District Attorney’s Office, Cohasset police responded to the defendant’s home and found him to be unresponsive. The victim’s father told police that family were celebrating the man’s birthday when he became loud and began swearing. One witness told police that the victim had gone into a rage and had hit someone over the head with a chair.

The defendant allegedly tried to calm him and the two began fighting, eventually putting the victim in a headlock. When the defendant released him, the victim was motionless and unresponsive.

Voluntary Manslaughter in Massachusetts is defined as murder but with mitigating circumstances the lessen a defendant’s culpability for the act. Where both crimes of Murder and Manslaughter each require proof of an unlawful killing, the crime may be voluntary manslaughter if it occurred under mitigating circumstances; in other words, without malice.

Some examples of mitigating circumstances involving the crime of manslaughter could be heat of passion upon reasonable provocation; heat of passion by sudden combat; or excessive force in self-defense.

By contrast, Involuntary Manslaughter in Massachusetts is defined as the unlawful killing unintentionally caused by wanton or reckless conduct, which creates a high degree of likelihood that substantial harm will result to another. It may also be commission of a batter in circumstances that the person knows or reasonably should know endanger human life.

In either theory of manslaughter, it is an absolute defense if the person acted in self-defense or in the defense of another, which appears to be the case here.

Boston Criminal Lawyer Lefteris K. Travayiakis has tremendous experience in defendant persons against Crimes of Violence, and is available 24/7 for consultation on all such cases, including Massachusetts Murder Crimes.

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

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A 22 year old from Roslindale was arraigned yesterday on Massachusetts Murder Charges in connection with the stabbing death of Kenneth Soto, 19, in October 2011.

The defendant, Hector Soto, was arraigned in the West Roxbury Division of the Boston Municipal Court on First Degree Murder Charges.

According to the Suffolk County D.A.’s Office, prosecutors allege that Hector Soto and Kenneth Soto were in separate vehicles with respective friends in the 7-11 parking lot on Centre Street in Jamaica Plain. As Kenneth Soto exited the store, Hector Soto allegedly approached him the two engaged in a fight that resulted in the stabbing death of Kenneth Soto.

First Degree Murder in Massachusetts is the unlawful killing of another with deliberate premeditation and malice, and is punishable by imprisonment for life without the possibility of parole.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Crimes of Violence Charges, including First Degree Murder.

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