A man who used to reside in Lowell was arrested on a fugitive warrant in New York and returned to Massachusetts to face Violent Crime Charges relative to a 2011 home invasion in Lowell.
The defendant, Samuel Merced, 22, was arraigned in Lowell District Court and charged with Home Invasion, Assault & Battery, Intimidation of a Witness, Malicious Destruction of Property and Violation of Abuse Prevention Order.
According to the Lowell Police Department and the Middlesex County District Attorney's Office, the defendant allegedly assaulted his pregnant ex-girlfriend in the summer of 2011, grabbing her by the jaw and threatening her with a knife. At the time, there was reportedly an active restraining order in place.
When officers responded to the scene, they allege that they approached the defendant, who gave them a false name and resisted arrest. He was also reportedly on probation at the time of the offenses prior to defaulting on the case when he allegedly fled the state.
Although the issuance of a restraining order against a person is a civil action (and not criminal), an alleged violation of an issued restraining order is a criminal offense.
The criminal offense of Violation of Restraining Order is punishable by up to 2.5 years in the House of Corrections. Additionally, a person convicted for this offense must also complete a certified batterer's intervention program. Completion of a batterer's program is mandated by statute and can only be waived if the court issues findings detailing the reasons why the batterer's program should not be ordered; or the batterer's program otherwise determines that the defendant is not suitable for intervention.