Boston Criminal Lawyers Blog

Chelsea Man Arrested for DUI / Drunk Driving Hit & Run Death of Revere Man

Published on: January 28, 2011 | by Lefteris K. Travayiakis, Esq.

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.

Somerville Taxi Driver Charged with DUI / Drunk Driving in Boston

Published on: January 27, 2011 | by Lefteris K. Travayiakis, Esq.

Tyler A. Bryan, of Somerville, was arrested this morning on Massachusetts Drunk Driving Charges after he allegedly ran his taxi into a snowbank in the Brighton section of Boston.

Bryan was charged with Operating Under the Influence of Alcohol and Negligent Operating of a Motor Vehicle.

According to the Massachusetts State Police, Bryan allegedly drove his car into a snowbank on Soldiers Field Road. Police found him behind the wheel of the Somerville Green Taxi Cab with his head allegedly bobbing up and down and his eyes drooping shut.

Massachusetts Supreme Court Rules Simply Putting Key In Ignition Enough for DUI / Drunk Driving

Published on: January 26, 2011 | by Lefteris K. Travayiakis, Esq.

In the recent case of Commonwealth v. Robert McGillivary, the Massachusetts Supreme Court addressed the legal issue as to whether an intoxicated driver, who only puts the key in the vehicle’s ignition without turning the car on, can be found guilty of Drunk Driving in Massachusetts.

By way of background, Robert McGillivary was convicted after trial of Operating Under the Influence of Alcohol. At trial, the evidence presented by the prosecutor was simply that he was found in the passenger’s seat of the car and had turned the ignition key once to activate the car’s power – but not further to turn the car on. At some point, the defendant testified that he had moved from the passenger seat to the driver’s seat, but did not recall ever putting the keys in the ignition. He ultimately found by the police slumped over the steering wheel. At his trial, there was absolutely no evidence that he actually drove the car at all.

McGillivary was convicted after trial and he appealed his conviction arguing that simply turning the car’s power on was not “operation” for purposes of the crime of Operating Under the Influence of Alcohol or Drugs.

Holbrook Man Charged With DUI in Dorchester Crash

Published on: January 24, 2011 | by Lefteris K. Travayiakis, Esq.

Patrick Fay, 24, of Holbrook, was arrested and faces Massachusetts DUI / Drunk Driving Charges after he allegedly left the scene of an I-93 rollover in Dorchester that left his girlfriend in critical condition on Sunday night.

Fay was arraigned this morning in the Dorchester Division of the Boston Municipal Court and charged with Operating a Motor Vehicle While Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle, and Leaving the Scene of an Accident with Personal Injury.

According to Massachusetts State Police and the Suffolk County District Attorney’s Office, Patrick Fay was allegedly driving on I-93 in Dorchester when he hit a snow bank around 1:00 a.m.. The car flipped over, and Fay’s girlfriend, Alyssa Connolly, was reportedly not wearing her seatbelt and was ejected from the car.

Massachusetts Bus Driver Charged With DUI in Somerville

Published on: January 23, 2011 | by Lefteris K. Travayiakis, Esq.

John McCarthy, 61, of Somerville, Massachusetts, was charged with Drunk Driving / DUI after he allegedly drove the MBTA bus he was operating into a car stopped at a red light in Somerville.

McCarthy was arrested this past Friday by Somerville Police and is expected to be arraigned on charges of Operating Under the Influence of Alcohol tomorrow.

According to the MBTA and Somerville Police, McCarthy was allegedly found in the driver’s seat of the bus, slouched over the steering wheel with his foot on the brake. An MBTA Police Officer who responded to the accident allegedly observed the bus to be still in drive. An open bottle of vodka was allegedly found in McCarthy’s possession.

Two Men Charged with DUI and Motor Vehicle Homicide for Killing Framingham Construction Worker

Published on: January 22, 2011 | by Lefteris K. Travayiakis, Esq.

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.

Revere Mental Health Patient Arrest for Murder of Peabody Woman

Published on: January 21, 2011 | by Lefteris K. Travayiakis, Esq.

Deshawn James Chappell, 27, was arrested last night by Boston Police Officers at his grandmother’s apartment in Roxbury for the Revere Murder of Stephanie Moulton, 25, of Peabody, Massachusetts.

Moulton was a counselor at a Revere group home that was operated under the Suffolk Mental Health Association (which is contracted by the Massachusetts Department of Mental Health) where Chappel was a resident. According to Revere Police, Boston Police and the Suffolk County District Attorney’s Office, Moulton was allegedly attacked by Chappell and taken from the group home sometime yesterday. Later on in the evening, her body was found behind the St. George Greek Orthodox Church in Lynn.

At this time, no information has been released as to specific details regarding the murder, but authorities believe that, at the time of the incident, Moulton was likely the only employee at the group home at the time. Police have indicated, however, that the murder most likely occurred inside the Revere group home, as blood and other forensic evidence was located.

Revere Man Arrested with Drugs & Alcohol in Car, Charged with 4 DUI

Published on: January 20, 2011 | by Lefteris K. Travayiakis, Esq.

Richard P. Speropoulos, 64, of Revere, Massachusetts, was arrested last week on DUI / Drunk Driving Charges in Lynn when he was allegedly found sitting in his car with a bottle of vodka and a bag of marijuana.

According to the Lynn Police Department, officers purportedly received a ‘tip’ about an impaired driver on Boston Street. When officers responded to the area, they allegedly found Speropoulos sitting in his car with the engine running. Lynn Police Officers allege that Speropoulos smelled of alcohol and spoke with slurred speech.

Although Field Sobriety Tests were not performed due to ice on the ground, Lynn Police reported that a bottle of vodka, along with 23 grams of marijuana was seized from Speropoulos’ vehicle. At booking, he allegedly blew a 0.23 on the Breathalyzer Test.

Boston Man Wanted for Dorchester Murder Captured in RI

Published on: January 19, 2011 | by Lefteris K. Travayiakis, Esq.

Levonrence Perkins, 20, of Boston, wanted in connection with the Dorchester Murder of Cordell McAfee, was arrested by federal law enforcement yesterday in Providence.

Cordell McAfee was murdered in the Dorchester section of Boston last May 7 as he was standing near the intersection of Roseland Street and Dorchester Avenue.

Although Boston Police and the Suffolk County D.A.’s Office believe that McAfee’s murder was not a result of his testifying as a key witness in the murder trial of Trina Persad, all reasonable indications suggest that was the motive. Trina Persad was killed in 2002 by a shotgun blast as she played in a Roxbury park.

Worcester Woman Charged with Murder in Stabbing Death of Boyfriend

Published on: January 18, 2011 | by Lefteris K. Travayiakis, Esq.

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.