Boston Criminal Lawyers Blog

A 26 year old Boston man was arrested this past weekend in Dorchester on Massachusetts Gun Crimes Charges for allegedly carrying a loaded AK-47 assault rifle and allegedly firing a shot into the ground.

Mohamed Ali Bile, of Dorchester, was arrested by Boston Police officers and charged with Unlawful Possession of a Firearm; Unlawful Possession of Ammunition; Carrying a Loaded Firearm; and Unlawful Possession of a Large Capacity Firearm.

According to the Suffolk County District Attorney's Office, Boston Police Officers responded to an area in Dorchester for a report of "a black man wearing a black hooded sweatshirt" who had allegedly fired a shot into the ground. Police officers who responded allegedly encountered Bile, who allegedly ran away from the police and jumped fences through several backyards.

Upon his arrest, Mohamed Ali Bile denied that he ever possessed any firearms and allegedly stated that he was running because he thought that someone was trying to shoot at him.

Despite what may appear, according to reports, to be an open and shut case for the government, the reality is that prosecutors will have an uphill proving to a jury that it was Bile who actually possessed weapon and it was he who actually fired the weapon. After all, it does not appear that any witness would be able to identity Bile as the person who possessed the gun; and the police officers never saw him possess/fire the weapon. If the only evidence of 'consciousness of guilt' is that he allegedly 'fled', then any valid reason presented to a jury might arguably persuade them that there is, in fact, reasonable doubt...

Continue reading "Boston Man Arrested on Weak Gun Charges" »

A 14 year old Boston high school student was arrested this morning on Massachusetts Gun Crimes Charges after he allegedly brought a loaded handgun to West Roxbury High School.

The 9th grade student was charged in West Roxbury Juvenile Court this morning on charges including Unlawful Possession of a Firearm, Unlawful Possession of Ammunition and Unlawful Possession of a Loaded Firearm.

The Boston high school student was arrested at the West Roxbury Education Complex this morning by Boston School Police when he allegedly tried to avoid the metal detector when entering the school.

Following his arraignment on gun charges, the student was held without bail pending a Dangerousness Hearing.

The Massachusetts Gun Crime of Unlawful Possession of a Firearm is punishable with imprisonment for a minimum-mandatory sentence of not less than 18 months in the House of Corrections and up to 5 years in state prison.

In order to prove unlawful possession of a gun, the prosecutor would have to prove that the defendant possessed or had under his control a firearm. A "firearm" is defined in Massachusetts is a pistol or revolver, loaded or unloaded, from which a bullet can be discharged and which has a barrel length of less than 16 inches."

Continue reading "Boston High School Student Arrested for Gun at School" »

Orlando Kavanaugh, 28 from Boston, was arraigned in Brockton's Plymouth County Superior Court on several Massachusetts Crimes of Violence Charges and Gun Crimes in connection with the death of Tina Gonsalves.

Kavanaugh has been charged with First Degree Murder; Armed Home Invasion; Armed Assault to Murder; Assault with a Dangerous Weapon; Unlawful Possession of a Firearm; and Unlawful Possession of Ammunition.

According to the Plymouth County District Attorney's Office, Orlando Kavanaugh allegedly broke into Tina Gonsalves' Rockland apartment by breaking a window and then unlocking the back door. At some point during the unlawful entry, Gonsalves reportedly confronted and struggled with Kavanaugh, during which the handgun Kavanaugh allegedly was carrying went off, striking Gonsalves in the stomach. She later died of her wound at a Weymouth Hospital.

Afterwards, prosecutors allege that Kavanaugh ran to a waiting car outside, but not before he was also shot in the shoulder by Gonsalves' son, who had his own firearm.

Police reportedly recovered Kavanaugh's hooded sweatshirt from the scene, and also obtained video surveillance footage from a Brockton Hospital where he was dropped off to be treated for his own gunshot wound. The video footage reportedly also captured the alleged 'getaway vehicle', though it's not clear if anyone else has been charged or even arrested in connection with this incident.

Continue reading "Boston Man Arraigned in Murder of Rockland Mother" »

Tyre Wade, 19, was arrested this past week and charged with Massachusetts Gun Crimes Charges for allegedly carrying and shooting at Boston Police Officers. He was charged with Assault & Battery with a Dangerous Weapon, Unlawful Possession of a Firearm, and Unlawful Possession of Ammunition.

According to the Boston Police Department, officers were in Roxbury this past week looking for what they described as "gang members known to have outstanding warrants." At a residence on Slayton Way, police came across several individuals, who allegedly fled upon the arrival of police officers.

One of the men, Tyre Wade, allegedly reached into his waist and pulled out a gun, which then discharged. He was eventually taken in custody and was subsequently arraigned in the Roxbury Division of the Boston Municipal Court on Gun Charges.

What is unclear is whether Tyre Wade was one of the men believed to have an outstanding default warrant. If not, then Tyre Wade may have have a viable defense in his case in challenging his Search & Seizure.

Continue reading "Roxbury Teen Charged with Shooting at Boston Police Officers" »

Ashawda Nelson, 19, and Noccokawon Pledger-Grant, 21, both of Dorchester, were arrested this past week on Massachusetts Gun Charges following a 'shots fired' report. Both men where charged with Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, Carrying a Loaded Firearm, and Discharging a Firearm with 500 feet of a Dwelling.

According to the Boston Police Department, officers responded to the area of Auckland Street in Dorchester on a report of shots having been fired. The two men were reportedly observed running in the direction of the Savin Hill MBTA Station when they were apprehended. During a search of one of the men, a firearm was allegedly recovered on his person.

Despite that a gun was reportedly seized from one of the men, this strength of the prosecutions case against these men will rise and fall on whether the officers had sufficient probable to immediately arrest these men. In similar types of cases, the police will inevitably rely on witness reports and the purported identification of the men. In circumstances where the description of the purported suspects is in question, the defense may have ample grounds to challenge the constitutionality of their arrest by litigating a Motion to Suppress Evidence.

In Search and Seizure cases where the constitutionality of the seizure and arrest of the person is successfully challenged, the evidence seized, in this case the firearm and ammunition, will be deemed 'suppressed' or inadmissible. If that were to happen in this case, the prosecution would presumably have no evidence against them and would be unable to move forward in its prosecution against them.

Continue reading "Boston Police Arrest Two on Gun Crimes Charges in Dorchester" »

Junior Fernandes, 22, of Boston's Dorchester section, was arraigned on Monday on Massachusetts Murder Charges and Gun Charges following the shooting death of his girlfriend, Alessa Castellon, last Sunday night.

Fernandes has been charged with First Degree Murder, Unlawful Possession of a Firearm and Unlawful Possession of a Loaded Firearm.

According to the Suffolk County District Attorney's Office, Junior Fernandes allegedly shot Alessa Castellon early Monday morning after the two got into an argument outside his sister's apartment on Granger Street in Dorchester.

Following his arrest by Boston Police, Fernandes allegedly told police that he met with Alessa Castellon to talk about their relationship, when she began to assault him. According to police, Fernandes allegedly stated that he tried to walk away once Castellon began hitting and punching him, but he then pulled out a gun, fired a shot, and then 'blacked out' before driving away.

Following his Murder arraignment in the Dorchester Division of the Boston Municipal Court, Fernandes was held without bail.

Continue reading "Boston Man Arraigned for Murder of Ex-Girlfriend" »

Robert M. MacCormack, 32, of West Roxbury, was arrested on Massachusetts Gun Crimes Charges this past weekend after he allegedly pulled out a gun on a food delivery driver. MacCormack was arrested on gun crimes including Assault With a Dangerous Weapon and Improper Storage of a Firearm.

According to the Boston Police Department, police officers were approached by a delivery driver who said Robert MacCormack allegedly pulled out a gun on him as he was driving down Pender Street in West Roxbury. According to the driver, MacCormack allegedly pulled up to him after his delivery and questioned why he was driving down the street in a reckless manner. The driver alleges that he was threatened at this point by MacCormack allegedly pointing a gun at him.

Boston Police Officers who responded to the incident reported that Robert MacCormack is licensed to carry a firearm and arrested him. A search of MacCormack's house also yielded in the seizure of three guns and several rounds of ammunition.

Of particular concern in this case is what justification the Boston Police used in entering the home of Robert M. MacCormack and searching for and seizing his other lawfully owned weapons, presumably without a search warrant.

The Massachusetts Gun Laws of Improper Storage of a Firearm makes it unlawful for any person, whether properly licensed or not, to store a firearm or ammunition in any place unless the weapon is secured in a lock container or equipped with a tamper-resistant mechanical lock or other device so as to render the weapon inoperable by any person other than the owner or other lawfully authorized user.

A violation of Improper Storage of a Firearm in Massachusetts could result in imprisonment for up to 1 year; or for not less than 1 year and up to 10 years if the firearm is a "large capacity weapon or machine gun."

Under Massachusetts Gun Laws, a firearm is defined as "a pistol, revolver or other weapon...loaded or unloaded, from which a shot or bullet can be discharged..."

Continue reading "West Roxbury Man Arrested on Massachusetts Gun & Assault Charges" »

John E. Cassidy, 26, a student at UMass Dartmouth Law School, was arrested on Massachusetts Gun Crimes Charges after he allegedly assaulted his roommate in North Dartmouth. Cassidy was arraigned on several charges, including Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, Unlawful Possession of a High Capacity Firearm, and Assault with a Dangerous Weapon.

According to Dartmouth Police, police had received an 'anonymous tip' that John E. Cassidy illegally possessed guns in his apartment and had allegedly assaulted his roommate.

The roommate reportedly told police that Cassidy had assaulted him with a handgun, and that after the assault, he fled to Worcester because he was scared of Cassidy. He later returned to Dartmouth and reported the incident to Dartmouth Police.

John E. Cassidy reportedly purchased the firearms legally in Texas, and had brought them to Massachusetts when he enrolled in law school at UMass. It appears, however, that Cassidy had not yet applied or been granted a license to legally possess the firearms and ammunition in Massachusetts as of the date of his arrest.

Meanwhile, Cassidy reportedly had an outstanding Arrest Warrant out of Texas, where he was charged with Possession of Explosive Components. Texas law enforcement also accused him of allegedly torching a car of a man that Cassidy allegedly robbed during a drug deal.

Following his arraignment in New Bedford District Court, John E. Cassidy was detained without bail pending a Dangerousness Hearing. He has since been suspended indefinitely from Umass Law School.

Continue reading "Univ. of Massachusetts Law Student Arrested on Gun Crimes Charges" »

Michael Wiggins, 18, and Lamar Brison, 20, were both arraigned this morning on Massachusetts Gun & Crimes of Violence Charges in connection with a shooting that left two people hospitalized. Each were charges with several Gun Crimes, including Unlawful Possession of a Firearm, Assault & Battery and Intimidation of a Witness.

According to the Boston Police Department and the Suffolk County District Attorney's Office, two men were shot in Dorchester's Codman Square on Monday at around 9:00 p.m. Both men were taken to Boston area hospitals with gun shot injuries that were reportedly non-life-threatening.

Later that night, Boston Police Officers were called to Boston's Carney Hospital where one of the gunshot victims was being treated to receive a report from a purported witness of the shootings. The unidentified woman told police that she had witnesses the shootings and thereafter was allegedly beat by Wiggins and Brison and threatened not to report what she had seen.

The woman, however, gave a description of the two individuals and Boston Police Officers arrested Michael Wiggins and Lamar Brison at a Dorchester apartment on Wheatland Avenue. A search of the apartment allegedly resulted in the seizure of several items of evidence related to the shooting, including clothing the witness described the two men as wearing that night, as well as a .22 caliber pistol.

Due to the serious nature and consequences, including minimum-mandatory jail sentences, you should immediately Contact a Boston Criminal Lawyer if charged with any Massachusetts Gun Crimes.

Continue reading "Two Boston Men Arrested in Boston Shooting in Dorchester" »

Kim Gross, Jr., 18, of the Roslindale section of Boston, was arrested and is facing Massachusetts Murder Charges in connection with the death of two men that occurred last November on an MBTA bus.

Gross is expected to be arraigned Monday in the West Roxbury Division of the Boston Municipal Court on First Degree Murder Charges, and possibly Aggravated Assault & Battery. He is also facing additional Massachusetts Gun Charges, including Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, and Possession of a Loaded Firearm, for a gun that was allegedly found at the time of his arrest.

The Boston Police Department alleges that Gross was riding the MBTA's Route 44 bus in Dorchester on November 2, 2010, along with the two victims. While on the bus, Gross allegedly got into an argument with the two men, and a knife fight ensued. One of the men, Richard Allen, 21, was taken to Boston Medical Center where he was pronounced dead; while the other man survived the alleged attack.

According to the Boston Police Department, Kim Gross was reportedly under surveillance by Boston Police as well as the MBTA Transit Police Department. The car he was driving in was stopped yesterday by Boston Police, and a ballistics dog (one trained to find firearms) was called to sniff the car. The dog reportedly discovered a gun in the car Gross was in.

No additional details have been released relative to the circumstances surrounding the stabbing on the MBTA bus last November, so it's unclear if Gross was known to the surviving victim and if there any Identification Defense; or whether the alleged murder weapon was ever recovered and tested forensic evidence, such as fingerprint evidence, that might link Gross to the murder.

It was also reported that, at the time of his death, Richard Allen had criminal charges of Armed Robbery pending.

Continue reading "Boston Teenager Charged with 2010 Murder on MBTA Bus" »

James Widener, 35, of Brockton, was arrested this past week for allegedly violating Massachusetts Gun Laws and Drug Crimes. Being investigated by local, state and federal law enforcement, he was charged with several crimes, including:

• Unlawful Possession of a Firearm;
• Unlawful Possession of a High Capacity Firearm and Feeding Device;
• Unlawful Possession of Ammunition;
• Possession of a Class B Substance; and
• Resisting Arrest.

According to Massachusetts police, Widener was under investigation for various crimes he allegedly committed over the past several months in Plymouth, Norfolk and Bristol Counties. Widener also was reported to have had outstanding Arrest Warrants for other alleged crimes in Quincy and Boston.

Widener was arrested along with Briana Tobin, 21, also of Brockton, while the two were traveling in a car in Kingston Thursday morning. After the car was stopped, police allegedly recovered a loaded handgun, a 12-round magazine, heroin and cocaine.

Following his arraignment in Brockton District Court, Widener was held on $50,000 cash bail, but was held for 60 days without bail after the judge revoked his bail out of the Quincy District Court.

Meanwhile, Briana Tobin was also charged with Possession of a Class B Substance; Unlawful Possession of a Firearm; Possession of a Large Capacity Firearm and Feeding Device; and Unlawful Possession of Ammunition. Following her arraignment, she was held on $2,500 cash bail and sent to a substance abuse treatment center.

Continue reading "Brockton Man Arrested on Massachusetts Drug and Gun Crimes Charges" »

Darryl Max Dookhran, 18, was arrested yesterday on Massachusetts Gun Crime Charges for allegedly unlawfully carrying a firearm on the campus of Mass. Bay College where he is also a student.

Doohkran is facing a number of gun charges, including Unlawful Possession of a Firearm; Possession of a Loaded Firearm; Unlawful Possession of Ammunition; Possession of a Large Capacity Firearm; Possession of a Large Capacity Feeding Device; Felon in Possession of a Firearm; Resisting Arrest and Disorderly Conduct.

According to the Wellesley Police Department, "an investigation" was conducted with regards to Dookhran and he was asked to speak with detectives. At some point, when police tried to pat him down, Dookhran allegedly backed against a wall and resisted the officer's attempt by punching and kicking them. A search of Dookhran's backpack revealed a loaded semi-automatic 9mm gun.

Notably, no information has been released as to why Dookhran was being investigated in the first place...

Although at first glance it may appear that the 'men in blue' at the Wellesley Police Department did a wonderful job at apprehending a criminal, it does seem that they may have made an egregious violation of Dookhran's Consitutional rights and, in the process, jeopardized their case against him. Simply based on the details that have been released concerning Dookhran's arrest, it may be that the police officer's were not justified in pat frisking him...

Under Massachusetts Constitutional law, not every encounter between a person being 'investigated' and a potential suspect gives rise to the justification to pat frisk that person. The law recognizes that even a frisk of someone's outer clothing is an intrusion and will only be justified if there is reasonable apprehension of danger to the police. In other words, if there is no danger, then a pat frisk is not justified.

In Dookhran's case, so long as there is no evidence that he made any over movements, statements did anything else to warrant the officers in fearing for their safety, then their attempting to pat frisk him should be challenged by way of a Motion to Suppress. If successful, then all the subsequent evidence obtained, i.e., the gun, ammunition, etc., will be suppressed or excluded from the case against him.

Continue reading "Wellesley Police Arrest Massachusetts Bay College Student on Gun Charges" »

Shirley Sanabria, 44, of Worcester, is now facing Massachusetts Murder Charges in connection with the stabbing death of her boyfriend, Joseph Scott, 45, resulting from an altercation that took place this past weekend.

Sanabria has been charged with First Degree Murder and Aggravated Assault & Battery with a Dangerous Weapon.

According to the Worcester Police Department and Worcester County District Attorney's Office, police responded to Sanabria's apartment on Sunday for a report for a person who appeared to be dead. On arrival, Worcester Police officers found Joseph Scott lying on the floor, suffering from a puncture wound to his chest.

The Worcester Police Department believes that Sanabria and Scott got into an argument, during which Sanabria allegedly grabbed a knife and stabbed Scott once in the chest. Although the police have not revealed many details, they suggest that there was another person in the apartment during the altercation that may have separated the two during the argument.

From a search of the apartment, police officers reportedly seized several rounds of ammunition in the bedroom of Sanabria's son, Jonathan Sanabria Sears, 18. He has been charged with Massachusetts Gun Crimes Charges, including Unlawful Possession of Ammunition.

With so few details released, it's unclear what prompted the argument, who was the initial aggressor, and whether Sanabria acted in Self-Defense.

Continue reading "Worcester Woman Charged with Murder in Stabbing Death of Boyfriend" »

Marvin Veiga was arraigned this morning in Dorchester District Court for allegedly Assaulting a Boston Police Officer with a Deadly Weapon, a rifle, this past Saturday after a high-speed chase in Dorchester. The Boston Police Officer ultimately shot Marvin Veiga in the leg.

Veiga was also charged with various Massachusetts Gun Crimes, including Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, Possession of a Loaded Firearm; and Resisting Arrest.

According to the Suffolk County District Attorney's Office, the incident occurred when officer's of the "Boston Police Department's Youth Violence Strike Force" got an 'anonymous tip' to pull over a Chrysler in which Veiga and three others were in. When police tried to pull the car over, the driver, Osvaldir Mendes, of Dorchester, led police on a chase. When the car finally pulled over, Veiga, Mendes, and Takari Elliot, of Dorchester, got out of the car and they all ran. The fourth person in the car, Daronde Bethea of Milton, remained inside the car.

...I'll take bets that the source of the 'anonymous tip' is never revealed in this prosecution...but that's another blog for another day altogether...

Once the others were out of the car, a Boston Police Officer reported seeing Veiga with a rifle and ordered him to drop it. According to the police officer, Veiga allegedly pointed the gun at the officer, who then shot him in the leg.

With regards to Mendes, he was charged with various Motor Vehicle Crimes, including Negligent Operation of a Motor Vehicle; and all defendants have been charged with Gun Crimes and Resisting Arrest.

At his arraignment, Suffolk County prosecutors made it a point to note that Veiga had previously been charged with Unlawful Possession of a Firearm when his car was stopped by Massachusetts State Police. In that case, however, a Judge had allowed his Motion to Suppress, finding that there was no probable cause to stop the car. That decision has been appealed, however, because as we all know, the police never infringe on someone's Constitutional rights...

Continue reading "Dorchester Man Arrested for Assault on Boston Police Officer With Gun" »

he call for the investigation into the Massachusetts Parole Board was triggered after Cinielli, along with two other men robbed the Kohl's in Woburn this past Sunday and allegedly Murdered Woburn Police Officer John "Jack" Maguire, 60, who responded to the robbery call and began chasing two of the alleged robbers on foot. One of the men, who Woburn Police allege was Cinelli, began shooting at the officer and ultimately struck and killed him.

Dominic Cinelli was released by the Massachusetts Parole Board after a hearing in 2008 and now Massachusetts Governor Deval Patrick is asking for an investigation of the Parole Board for having released Cinelli, a man who at one point been sentenced to three concurrent life sentences for Armed Robbery, Armed Assault with Intent to Murder, Assault & Battery with a Dangerous Weapon, and Gun Crimes.

As a result, the Governor, along with Police Chief across the state and nationwide, are seeking a review of the Massachusetts Parole Board's decision-making criteria in order to determine how someone, such as Cinelli with such a violent history and had been previously convicted as an Armed Career Criminal, could have been given leniency and released.

Typically, when someone is granted "parole", the inmate is released from prison after having served a portion of his prison sentence. Once released, however, parolees still remain under supervision and if conditions of parole are violated, could be returned to prison. Some conditions of release may include checking in with an assigned parole officer; submitting to random drug testing; abiding by a curfew; and/or counseling or treatment programs.

When deciding whether to grant someone parole, the Massachusetts Parole Board weighs the inmate's risk to re-offense and the "compatibility of his...release with the welfare of society." The Parole Board will also typically review information about the inmate such as: interviews with the inmate; diagnostic prison data; the inmate's social background; the circumstances of the offense for which he was committed; Victim Impact Statements; prison conduct records, including programs the inmate may have participated in while serving his sentence; and of course, the inmate's juvenile and adult criminal histories.

According to the Massachusetts Parole Board, 64% of Massachusetts parolees successfully completed parole without being returned to custody; 36% were issued technical violations; and only 10% were found to have committed a new crime while on parole.

Proponents of the Parole system argue one of the primary factors is releasing inmates is economics. For example, on average, it costs taxpayers approximately $40,000 per year to incarcerate someone, versus $5,000 to supervise someone on parole.

The other men involved in the Kohl's robbery have been identified by the Woburn Police Department as Scott Hanwright, 19, of Wakefield, who has been charged with First Degree Murder; and Kevin Dingwell, 51, also of Wakefield, who has been charged with Accessory After the Fact.

Continue reading "Massachusetts Parole Board to Face Investigation After Woburn Officer Killed in Shootout Following Kohls Armed Robbery" »