Boston Criminal Lawyers Blog

The Boston Police Department announced this weekend that they have arrested a man wanted on Massachusetts Violence Crimes Charges in connection with the shooting of 4 men outside a Boston nightclub on November 18, 2011.

Samuel Higginbottom, 23, fo Boston, was arrested this past Friday relative to this shooting, and is expected to be charged with 4 counts of Assault with Intent to Murder.

According to Boston Police, 4 men were shot outside the Venu club on Warrenton Street. All 4 men reportedly suffered non-life threatening injuries.

The Massachusetts crime of Assault with Intent to Murder is punishable by imprisonment to state prison for up to 10 years. Assault with Intent to Murder as an assault against another person with the specific or actual intent to cause the death of that person.

In many cases, prosecutors may actually avoid charging someone with this crime because it is not typically an 'easy' crime to prove. The crux of Assault with Intent to Murder is to prove a specific or actual intent to cause the death of another, and sometime the circumstances of a particular case do not necessarily reflect that intent.

In addition, an intent to even disable or ever scare off the person is not sufficient intent for the crime of Assault with Intent to Murder, not even an intent to inflict serious bodily harm.

In cases where prosecutors may be concerned about losing an Assault with Intent to Murder Charge, they might alternatively charge them with Assault & Battery with a Dangerous Weapon.

Every person charged with a crime is presumed innocent until proven guilty, and should Contact a Criminal Defense Lawyer so his/her rights can be explained and properly preserved.

Continue reading "Boston Police Arrest Man Wanted for Nightclub Shooting" »

One of the Occupy Boston protesters was before a Boston Municipal Court Judge on Friday facing Massachusetts Crimes of Violence Charges.

Gary Williams, 24, of Quincy, was arrested on Thursday night when activists of Occupy Boston allegedly surrounded a Boston Police wagon and refused to let it move. The incident reportedly occurred when police officers confiscated a kitchen sink that protesters were trying to bring to the Dewey Square location where protesters have been camping out for months.

Williams was arrested and charged with Assault & Battery on a Police Officer.

At his arraignment in Boston Municipal Court, Suffolk County prosecutors also revealed that Gary Williams also had a pending criminal case out of Framingham District Court that charges him with Armed Robbery.

In that Framingham case, Middlesex County prosecutors allege that Williams robbed a man of $250 when that man tried to meet a woman at a hotel for sex. Krystal Cannizaro, of Quincy and Howard A. John, of Somerville, were also arrested and charged with Massachusetts Sex Crimes.

Continue reading "Occupy Boston Protester Arrested for Assault and Armed Robbery Charges" »

Boston Police responded to a reported Home Invasion / Armed Robbery this morning and arrested three men who allegedly tried to rob the home.

Adel Fonts of Attleboro, Robert Smith of Roslindale and Antonio Teixiera were all arrested and charged with Home Invasion; Armed Robbery; Unlawful Possession of a Firearm; and Assault with a Dangerous Weapon.

According to the Boston Police, officers responded to a call for a break-in at a home in Dorchester shortly after midnight. When they arrived, they allegedly observed Robert Smith jump from the second floor onto a neighboring porch. He allegedly tried to run away but was eventually arrested.

Meanwhile, Boston Police also reported locating Adel Fonts and Antonio Teixiera hiding in the home. Police also allegedly recovered 2 gun, zip ties, and cash.

Home Invasion in Massachusetts is defined as the entry into the home of another while armed and force is used against any person in the house. Home Invasion carries a very serious penalty of not less than 20 years and up to life in state prison.

Armed Robbery in Massachusetts, however, differs a bit from the crime of Home Invasion because the law does not require that the crime be committed in the house of another. Rather, an 'armed robbery' is committed when one, armed with a dangerous weapon, physically or otherwise threatens another person with the intent to steal his or her property. Armed Robbery also carries a potential sentence of up to life in state prison, but the law does not impose a minimum-mandatory sentence.

Continue reading "3 Men Arrested in Boston Home Invasion in Dorchester" »

Two teenagers were charged on Wednesday in connection with the attempted jewelry store robbery that ended in the shooting of a Woburn Police Officers.

Allegra Martinez, 18, and Erianiss Murillo, 17, both from Dorchester, were arranged in Woburn District Court this week on Massachusetts Crimes of Violence Charges, including Armed Robbery While Masked; Gun Crimes Charges, and Assault with Intent to Murder.

According to Middlesex County prosecutors, Allegra Martinez, the daughter of a Boston Police Officer, and Erianiss Murillo, were involved in the attempted robbery of Musto Jewelers. Prosecutors allege that the store was cased a few days before the incident when two women came into the store and asked store employees how many people worked there. A few days later, on September 6, two women and two men returned to the store.

Prosecutors allege that Murillo rang the door bell, and when she was buzzed in, two men, Hector Baez Cruz, 21, and Antonios Matos, 25, went through and attempted to rob the store.

Woburn Police Officer Robert DeNapoli was one of the first police officers to respond to the scene. He was allegedly shot by Antonios Matos. DeNapoli survived the shooting, but reportedly lost his right index finger and was his left eye was injured.

Meanwhile, Antonios Matos was shot by other officers. He was arrested on scene that day.

Hector Baez Cruz, Allegra Martinez and Erianiss Murillo were reportedly able to get away, but Baez Cruz was arrested a few weeks later. Martinez and Murillo were allegedly linked to the robbery by cell phone records.

Continue reading "2 Teens Charged in Shooting of Woburn Police Officer" »

A Westford High School student was arrested by Westford Police after he allegedly brought a large pellet gun that resembled an assault rifle into school. He is scheduled to be arraigned today in Lowell Juvenile Court on Massachusetts Crimes of Violence Charges, including Assault & Battery with a Dangerous Weapon, Carrying a Dangerous Weapon on School Property; and Unlawful Possession of a BB Gun.

According to police, the teenager, a 16 year old sophomore student at Westford High School, walked into the high school and allegedly began pointing the weapon in the direction of students. He eventually made his way into the school cafeteria, that was filled at the time with about 150 high school students.

The incident involving the student, who was reportedly under suspension at the time, caused school officials to put the school in lockdown.

After entering the cafeteria, he was reportedly tacked by Matthew Richard, the assistant principal, and held by other faculty members until police arrived.

In Massachusetts, the crime of Assault & Battery with a Dangerous Weapon is punishable by imprisonment in the House of Corrections for up to 2.5 years, or to state prison for up to 10 years.

In order to be convicted of the crime of Assault & Battery with a Dangerous Weapon, the prosecutor would have to prove that the defendant intentionally touched the person of another without any right or excuse and that it was done with a dangerous weapon.

As of this time, all reports seem to suggest that the student did nothing more than enter the school and allegedly point the BB gun at other students. In other words, it's unclear whether he actually struck or hit anyone else with the gun. If so, it appears more of circumstances involved Assault with a Dangerous Weapon, that involves conduct where no actually touching was committed.

Continue reading "Massachusetts Teen Arrested for Wielding BB Gun in High School" »

Mohamed Abdul Jabar, 28, of Medford, was arrested this morning for allegedly setting fire to a Boston apartment building this morning that reportedly injured 13 and left dozens homeless. He faces charges including Attempted Murder and Arson.

According to the Boston Police Department, Jabar allegedly tried to commit suicide by turning on the gas from a stove from within one of the apartments and then lighting a match. Jabar also reportedly suffered injuries as a result of the fire and was taken to Boston's Massachusetts General Hospital to be treated.

According to Boston Police, Jabar allegedly told medical responders that he "blew up his house."

Due to the quickly moving blaze, many of the residents within the apartment complex had to be rescued by Boston Firefighters through windows. In one instance, a six year old child had to be dropped into the open arms of a firefighter 3 stories below to avoid the heavy smoke.

The crime of Arson in Massachusetts is defined as the willful and malicious setting of a fire and causing to burn the dwelling of another, and is punishable by commitment to state prison for up to 20 years.

By statute, in order to be convicted of the crime of Arson, the prosecutor must prove that the defendant acted willfully and maliciously. "Willfully" means that the person acted intentionally and by design, and not by just mere thoughtless or accident. In other person, the person intended both the conduct and the resulting harm from his actions.

"Malice" means that the act was done with an evil disposition, or with a wrong or unlawful motive.

In this case, however, and even with evidence of Arson, prosecutors will have a more difficult time in proving the crime of Attempted Murder against Jabar.

In order to be convicted of Attempted Murder in Massachusetts, the prosecutor must prove that the defendant had a "specific intent to commit the crime of Murder". In other words, they must prove that it was Jabar's intent to commit the murder, or unlawful killing of another, when he allegedly set the fire. This requires that the government prove the mental state of the defendant at the time when the alleged criminal act was committed - which is not as simple as it may sound.

Continue reading "Boston Fire in Roxbury Was Set by Medford Man" »

Angel Haywood, 26, of Boston's Dorchester section, was arrested this weekend on Massachusetts Crimes of Violence Charges for allegedly stabbing her boyfriend.

Haywood is was charged with Assault & Battery with a Dangerous Weapon after she turned herself into the police station and admitting to stabbing her boyfriend.

According to the Boston Police Department, the incident occurred at about 4:00 o'clock this morning after the couple returned home. Haywood allegedly admitted to grabbing two knives and then stabbing her boyfriend, after which she jumped out a window and ran - with the stabbed boyfriend chasing her.

Boston Police spokesperson reported that when Angel Haywood turned herself in, she was crying and her clothes were bloodstained.

Although police searched the apartment and reportedly recovered two knives, the boyfriend who was stabbed has apparently not been located.

In Massachusetts, Assault & Battery with a Dangerous Weapon is punishable by imprisonment to the House of Corrections for up to 2.5 years; or to state prison for up to 10 years. Assault & Battery with a Dangerous Weapon is defined as an intentional touching of another person, no matter how slight, with a dangerous weapon.

Continue reading "Boston Woman Arrested for Stabbing Boyfriend" »

Daniel Burns, 26, was arraigned in Lowell District Court yesterday morning on several Massachusetts Crimes of Violence Charges in connection with allegedly attacking Brenda Finch Wednesday morning at her home.

Burns was charged with Attempted Murder, Armed Assault with Intent to Commit Murder, Assault & Battery with a Dangerous Weapon, and Breaking & Entering in the Daytime to Commit a Felony.

According to the Lowell Police Department, Daniel Burns allegedly broke into the Lowell home Brenda Finch after she returned from taking her 4 year old child to preschool. She described to police that she noticed one of the windows in her home was up and then began searching the home.

When she came upstairs, she reported that a man snuck up on her from behind. Lowell Police allege that Daniel Burns, the man allegedly inside the home, then his Brenda Finch with a pipe and tried to strangle her before leaving.

Daniel Burns was arrested at his home in Lowell, though there is no report as to how Burns was linked to the crime.

Assault with Intent to Murder or Kill is punishable by imprisonment for up to 10 years in state prison, though it is not necessarily an easy crime for the prosecution to prove because the jury must find that the defendant possessed a "specific or actual intent to cause the death of the person assaulted."

This means that there must be proof, beyond a reasonable doubt, that the defendant actually intended to cause the death of the person. Massachusetts criminal law defines "intent" as involving concentration or focusing the mind for some period of time with determination to commit the act and cause the death of the person.

Conversely, an intent merely to disable or scare off, for example, is not sufficient to sustain the conviction of someone for the crime of Assault with Intent to Murder or Kill; nor is it enough merely to intend to inflict serious bodily injury.

Following his arraignment on yesterday in Lowell District Court, Daniel Burns was held without bail pending a Dangerousness Hearing.

Continue reading "Lowell Man Charged with Attempted Murder in Home Invasion" »

Syretta Copeland, 31, was arraigned this morning in Salem District Court for Assault & Battery on a Police Officer, and is also being held in connection with Arson and Attempted Murder Charges arising out of a Dorchester fire last weekend.

According to Beverly Police, Syretta Copeland was arrested at her apartment on an outstanding Boston Police Warrant. Once at the police station, the Essex County District Attorney's Office alleges that she allegedly became combative during the booking process when she was asked to remove her jewelry. According to police, she allegedly clawed at the officer's face. Syretta Copeland, however, maintains that she only acted in self-defense as a result of the excessive force used against her by the police.

Meanwhile, Boston Police allege that Syretta Copeland allegedly set the fire to a home on Devon Street in Dorchester, which then spread to another home. Suffolk County prosecutors expect Ms. Copeland to be brought into Dorchester District Court at some point to be formally arraigned on Arson and Attempted Murder Charges.

The Massachusetts Crime of Arson is defined as the willful and malicious burning of a building or dwelling, and is punishable by up to 20 years in state prison.

Continue reading "Beverly Woman Charged with Boston Arson and Attempted Murder" »

Pernell Powell, 73, of Boston, was arrested for allegedly plotting to kill a Worcester Assistant District Attorney.

According to federal prosecutors in Boston, Pernell Powell allegedly tried to hire his cellmate and offered him $4,000 to Murder the Worcester County ADA who was prosecuting his case because he was seeking a 4-6 year state prison sentence on his Massachusetts DUI Charges, Operating Under the Influence of Alcohol, 5th or Subsequent Offense.

Presumably, the cellmate then relayed the offer to authorities, who then arrested Pernell Powell following an investigation into the allegations. He is expected to be charged and prosecuted in Boston's federal court.

Boston Criminal Lawyer Lefteris K. Travayiakis is availalble 24/7 for consultation on all Massachusetts Felony Charges, including Murder.

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

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.

Orlando Harrington Kavanaugh, of Boston, was arraigned on Massachusetts Murder Charges in connection with an Armed Home Invasion in Rockland that resulted in the shooting death of Tina Gonsalves.

Kavanaugh was arraigned yesterday from his hospital bed on charges including First Degree Murder; Armed Home Invasion; Armed Assault with Intent to Murder; and Gun Crimes Charges including Unlawful Possession of a Firearm and Carrying a Loaded Firearm.

According to the District Attorney's Office, Kavanaugh, 28, allegedly broke into the Rockland apartment at 50 Concord Street at shortly after 7:30 a.m. by breaking the glass window in the door and reaching into to unlock it. Once inside, prosecutors allege that Kavanaugh pushed Tina Gonsalves into the back of the apartment.

During the struggle, Kavanaugh allegedly shot at Gonsalves' son, but missed; he also then allegedly shot Tina Gonsalves in the abdomen. Gonsalves' son, however, then shot Kavanaugh as he was leaving the apartment, striking him in the left shoulder. Kavanaugh reportedly got into a truck that was allegedly waiting for him outside.

According to the police, a witness who was outside the apartment was able to identity Kavanaugh as the person with the gun. Gonsalves' son, however, was unable to identity him, as Kavanaugh was allegedly wearing a hooded sweatshirt during the incident.

After Orlando Kavanaugh was dropped off at the emergency room at the hospital to be treated for his gunshot wound, police obtained the surveillance video of the hospital and were reportedly able to identify the truck. The truck was reportedly registered to Tyrell Nichols, whose phone records allegedly revealed evidence of a scheme to rob a house.

At this time, it is not known whether Tyrell Nichols will also be charged. Theoretically, the prosecutors could try charging him with First Degree Murder and Armed Home Invasion as well under the theory that he aided and abetted Kavanaugh. He could also be charged as an Accessory Before the Fact or Accessory After the Fact.

Continue reading "Boston Teenager Arrested for Rockland Murder in Armed Home Invasion" »

Boston Federal prosecutors have indicted 26 people in connection with an alleged organized crime group in Boston's Chinatown section, which charges them with Drug Crimes, Sex Crimes, such as prostitution, as well as money laundering, illegal gambling and Gun Crimes.

According to the Boston FBI office, the investigation into the alleged Chinatown crime group has netted the seizure of $340,000, tens of thousands of illegal pills, and several weapons.

Of the several men charged in the indictment, the few named are Minh Cam Luong, Songzeng Cao, Yao Cao, and Hin Pau, Yue Q. He, Wei Xing Chen, Xiaohong Xue, and Peter Melendez.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Major Felony Crimes.

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

A Wakefield couple was charged with several Massachusetts Crimes of Violence Charges in connection with the robbery of Wakefield gas station.

Eugene Bertini has been charged with three counts of Armed Robbery, Armed Assault with Intent to Rob, Assault & Battery with a Dangerous Weapon, Assault with a Dangerous Weapon, and Larceny Over $250.

According to the Wakefield Police Department, Eugene Bertini allegedly pistol-whipped a teenage cashier in the head at a Wakefield gas station before robbing it of an undisclosed amount of cash on April 25. He was arrested in his hotel room in Saugus following the alleged incident.

Wakefield Police also allege that Eugene Bertini's wife, Leslie Bertini, knew of the planned robbery, and that she was allegedly a Joint Venturer in the robbery.

Following Eugene Bertini's arraignment on these Armed Robbery Charges, he was held without a bail pending a Dangerousness Hearing.

Continue reading "Wakefield Couple Charged With Armed Robbery" »

Massachusetts State Police arrested a man on Assault & Battery Charges this morning at Boston's Logan Airport for having allegedly slapped a flight attendant on a JetBlue flight from Florida to Boston. The Clerk-Magistrate of the East Boston Division of the Boston Municipal Court, however, declined to issue charges against the man for lack of jurisdiction.

Bryan Garnett, the passenger on the JetBlue flight to Boston, allegedly slapped a flight attendant who ordered that he move his carryon luggage beneath his seat. The incident allegedly occurred before the flight took off and while the plane was still in Florida. Upon the flight's arrival Boston, Massachusetts State Police arrested Bryan Garnett for Assault & Battery.

Following his arrest, Massachusetts State Police sought an application for a criminal complaint to be issued against Bryan Garnet for Assault & Battery, but the Clerk-Magistrate declined the application for "jurisdictional reasons" - i.e., that the alleged incident did not occur in Massachusetts.

Continue reading "Boston Court Rejects Charges for JetBlue Passenger Who Slapped Flight Attendant" »

Rouluis Felix, 22, of Lawrence, was arrested last night on several Massachusetts Crimes of Violence Charges for allegedly slashing his own grandmother's throat. Felix is to be arraigned this morning in Lawrence District Court on charges including Assault With Intent to Murder, Assault & Battery with a Dangerous Weapon.

According to the Lawrence Police Department, Rouluis Felix allegedly assaulted his grandmother who resides at an elderly housing complex in Lawrence. She was reportedly discovered at 1:30 in the afternoon when she approached two maintenance workers and bleeding from her wounds.

Following the alleged Assault with Intent to Murder, Lawrence Police, along with Massachusetts State Police, immediately began searching for Rouluis Felix, but he managed to avoid apprehension until last night, when a cab driver called to report that a passenger refused to pay his fare. When Lawrence Police arrive to investigate the cab driver's report, they recognized the passenger as Roulis Felix. At that time, he was ordered out of the cab at gunpoint and immediately arrested.

Rouluis Felix reportedly has a history of mental illness, and notably, he was released from a hospital the day before the incident. Although it's unclear what, specific, history of mental illness Felix suffers from, his defense lawyers will be sure to evaluate any defense of Insanity or Lack of Criminal Responsibility.

Continue reading "Lawrence Man Arrested for Assault to Murder After Slashing His Grandmother's Throat" »