Articles Posted in Assault and Battery

The Boston Police Department (hereinafter, the “Department”) has taken a large, and very laudable, step forward . They are realizing that if they want to be a trusted, and effective, member of the community, they have to communicate with said community.

As you know, there have been various complaints regarding the use of undue force in various cases. In fact, a You Tube video emerged last fall that showed several officers forcefully subduing a 16-year-old boy,

The video, recorded on a student’s cellphone, showed at least six officers at Roxbury Community College surrounding and then “taking down” the teenager who they said was resisting arrest. The Department claims that the juvenile, who had been wanted on a warrant, had swung at the officers, police have said.

Many were outraged and made claims of excessive force. The Department, however, said that the procedure was consistent with what officers’ training in cases where a suspect refuses to be handcuffed.

The Suffolk district attorney’s office has been investigating the incident. In the meantime, the Department is reaching out to officials, media and the public to demonstrate that police officers receive proper training which includes strict guidelines regarding the use of force.
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Well, if this past New Years Eve in Lowell and Lynn are any indication, we are in for another angry and violent year. Both Massachusetts towns were scenes of armed assaults, one of them fatal.

Yesterday, Jameson Phoun, 20 , and Sothy Voeun, 19, both of Lowell, (hereinafter, the “Defendants”) were arraigned n Lowell District Court on charges of, among other things, first-degree murder. They were held without bail, as istypical in such cases.

The Defendants are charged with having burst into a party where they had been asked to leave and shooting up a room filled with 25 party-goers. Thus far, one homicide has resulted.

According to the prosecution, said shooting was meant to “scare” the celebrants.

“I don’t characterize this as a gang issue so much as a violence issue amongst young people who are willing to carry weapons and utilize them to resolve conflict,” Middlesex District Attorney Gerard T. Leone Jr. said, standing outside the courtroom moments after the arraignment. “I would certainly refer to it as brazen. I would certainly refer to it as lawless. I would refer to it as tragic and troubling, as well.”

One 20-year-old woman died in the Lowell assault. Seven others were wounded, including two who were shot in the head. The condition other shooting victims is said to be “day to day”. “Everyone is in various stages of stable condition, and we’re hopeful that they’ll continue to get better as the days go on.”

It was a bloody New Year’s Eve in Lynn as well. There, a 55-year-old woman was hit in the chest by a stray bullet fired from a gun outside her home.
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Attorney General Martha Coakley’s Office has ordered John Twohig to stay away from a female MBTA bus operator that he allegedly assaulted last July during what has been described as a “racially motivated verbal assault.” The action was brought against the Somerville man under the Massachusetts Civil Rights Act (MCRA), which is also known as the “hate crimes” statute.

Per the order, Twohig is not allowed to violate the civil rights of the victim or anyone else on the grounds of their race. He allegedly took part in a Massachusetts hate crime that involved the verbal and physically threatening assault of the bus operator at the Sullivan Square Busway. Twohig is accused of screamed profanities and racial epithets at the woman before launching toward her. He also is said to have insulted one of the bus passengers with a racial epithet. An MBTA inspector eventually removed him from the bus. Coakley’s office is seeking a permanent injunction against the defendant.

Massachusetts Civil Rights Act (MCRA)
The MCRA gives the Attorney General’s Office the authority to obtain injunctions against people that intimidate, threaten, or coerce victims on the grounds of sexual orientation, religion, race, disability, or another type of protected class or because they have taken part in a protected activity, such as the right to vote. A hate crime does not have to include an actual act of physical violence for a person to be charged with committing the offense. That said, a Massachusetts hate crime may also include acts of vandalism, the destruction of personal property, arson, assault and battery, or murder.

Possible penalties for a Massachusetts hate crime can include:
• Fines • A prison sentence
• Counseling • Anger management • Probation • Suspension of one’s driver’s license • Rehabilitation • Victim restitution • Community service
Since 2007, Coakley’s office has obtained 42 civil rights injunctions for Massachusetts hate crime victims.

Somerville Man Accused of Hate Crime Ordered to Stay Away From MBTA Worker Under Order Obtained by AG Coakley’s Office, Mass.gov, December 17, 2010
Man ordered to stay away from T driver in alleged racial incident, Boston.com, December 17, 2010

Related Web Resources:
Attorney General Martha Coakley, Mass.gov
Hate Crimes, FBI Continue reading

Kyana Jinks, a 22-year-old Dorchester woman, and her mother, Prensila Jinks, a 44-year-old of Roslindale, were arrested Tuesday after Kyana allegedly left a shoe store with a pair of boots hidden in a baby stroller, which held her young child. Kyana has been charged with shoplifting. Her mother has been charged with assault and battery on a police officer for allegedly scratching the officer confronting Kyana at the scene.

A Famous Footwear (Mass. Ave. location) employee allegedly saw Kyana place a pair of suede boots in the stroller and leave the store. The employee contacted police and followed her to another store. Kyana allegedly told the officer that her name was “Elizabeth” and that the child was her niece. She allegedly said that she had no identification and that the boot was in her car, although she had no car keys. The officer, finding a single boot in the stroller, was arresting Kyana when her mother arrived. Prencila allegedly denied being Kyana’s mother and attempted to leave with the young child. The officer tried to stop her, and she allegedly swung at and scratched his hand.

Because the holidays create a great deal of financial stress for most, especially in difficult economic times like these, incidents of shoplifting tend to increase during the season. Police are well aware of that, and they are cracking down on holiday looters by assigning new recruits to shopping centers. Boston police have added 37 new officers to the “holiday shopping beat.” They are watching shoppers closely and even giving their cell phone numbers to store clerks, hoping to increase response time.

Sources:

The Boston Globe, Police arrest Dorchester mom and daughter for shoplifting

MASSCOPS, Cops target holiday looters in New England
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The Massachusetts criminal trial of Anna Tang, an ex-Wellesley College student accused of stabbing her ex-boyfriend seven times, is scheduled to resume tomorrow. The 5-month delay occurred after a psychiatrist, who is a prosecution expert, revised her findings about whether or not Tang was legally insane when she assaulted Wolfe Styke in his MIT dorm in 2007. Tang was charged with Massachusetts armed assault with intent to murder and home invasion.

The psychiatrist, Dr. Allison Fife, had initially been in agreement with other defense experts that Tang could not be held criminally responsible for her actions during the attack because not only was the defendant’s state such that she unable to grasp the scope of wrongfulness of her actions, but also she had been incapable of acting in a manner that adhered to the law. Tang, who has admitted to stabbing Styke, maintains that she had been suffering from bipolar disorder and depression and was legally insane at the time.

According to The Tech, MIT’s newspaper, Tang’s decision to waive her right to a jury trial and seek a bench trial came after Fife made known her initial findings. After Fife changed her mind during the trial, Tang’s Boston criminal defense lawyer requested the delay. Tang’s defense team has alleged that Fife changed her opinion on the trial’s “last day” after having “extensive contact” with Styke’s mom.

Tang’s bench trial is taking place before Judge Bruce Henry who will issue a verdict.

Massachusetts College Campus Crimes
As a college student, having a criminal record can irrevocably alter your future. This is why it is important that you seek experienced Boston criminal defense representation to help you combat the charges.

Examples of Common Massachusetts College Campus Crimes:

• Underage drinking • Drug charges • OUI • Sexual assault • Physical assault • Rape • Cyber crimes • Vandalism • Larceny • Stalking • Shoplifting

Trial to resume for woman charged in MIT stabbing, Boston.com, November 30, 2010
Tang trial starts: Styke testifies, The Tech, June 11, 2010

Related Web Resources:
Read the Criminal Complaint (PDF)

Massachusetts Institute of Technology
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William Shakespeare would have been puzzled with this one. As you have probably noticed, the news in the Boston area lately has been replete with shootings, murders and other varying assaults. Some are alleged drug-related. Others come from domestic violence matters.

Lynnfield, however, was the host of a murder-suicide this week over a name. You see, Joseph Cummings (hereinafter, “Alleged Shooter”) was excited in East Boston not so long ago. His girlfriend was pregnant and he was about to become a father.

He was a happy man.

Said happiness is said to have faded within the next two hours.

Authorities now say that Alleged Shooter, 51, then got into an argument with his 35-year-old girlfriend about the baby-to-come’s last name when he got home to Lynnfield.
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In East Boston District Court, Sharnell Donahue, 31, and Diane Tuck, 51, have pleaded not guilty to the Massachusetts criminal charge of armed assault with intent to rob. Donahue also entered not guilty pleas to the charges of assault and battery with a dangerous weapon and armed assault with intent to murder.

Donahue is accused of allegedly stabbing a 44-year-old woman in the chest in Winthrop on the evening of November 11 and conspiring with Tuck and a 15-year-old girl of robbing the victim of drugs. Police were able to apprehend Donahue and Winthrop because of information gathered from witnesses, including the license plate number of a vehicle seen driving away from the stabbing scene. A black ski mask, which Donahue allegedly wore during the alleged assault, was found in the station wagon. Tuck had a knife with her when she was apprehended.

A judge has ordered Donahue and Tuck to stay away from the victim. Bail was set at $50,000 each and upon posting it the women would have to wear a GPS locating device.

Massachusetts Assault and Battery
Assault usually includes a threat of violence, while battery implies the unlawful physical contact of another person without permission granted. No physical harm needs to have occurred for an assault and battery charge to be filed. In some cases, the alleged threat and intended act will suffice.

Common Massachusetts Assault and Battery Charges:
• Indecent assault and battery
• Aggravated assault and battery
• Vehicular assault
• Assault and battery with a deadly weapon
• Assault and battery upon a child
• Assault with intent to kill • Assault with intent to rob or murder
• Assault with intent to commit a felony
• Assault with intent to commit rape
There are serious consequences that come with a conviction for a Boston assault and battery crime.

Everett women face stabbing charges, Boston Herald, November 12, 2010
Two Everett women deny role in stabbing of woman in Winthrop, Boston.com, November 12, 2010

Related Web Resource:
Massachusetts General Laws

The Journal of Criminal Law and Criminology
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Suffolk County prosecutors told the Boston Globe that two Everett women, 31-year-old Sharnell Donahue and 51-year-old Diane Tuck, have been charged with armed assault with intent to murder and armed assault with intent to rob in connection with a Winthrop stabbing.

Donahue and Tuck were arraigned today in East Boston District Court. The alleged stabbing occurred on Forrest Street around 7:40 p.m. on Thursday. The victim was a 44-year-old woman. She is in critical condition at Massachusetts General Hospital. Both Winthrop and state police are investigating the incident.

Assault with intent to rob or murder is punishable by up to 20 years in the state prison. If armed with a firearm, shotgun, rifle, machine gun or assault weapon, it is punishable by a 5-year mandatory minimum in state prison. Given the severity of these potential punishments, it is important to call an attorney if you are facing charges of assault with intent to rob or murder.

The Boston Globe: Two Everett women charged in Winthrop stabbing
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According to Column J. Flaherty’s Boston criminal defense attorney, his 62-year-old client was acting in self-defense when he stabbed another man with a folding knife. Flaherty, who pleaded not guilty to Massachusetts assault and battery with a dangerous weapon over the Dorchester stabbing, was released on $500 cash bail.

Suffolk prosecutors say that Flaherty and a North Reading man were involved in a fender bender on Monday afternoon. After the two of them of them pulled over to exchange information, a third driver, another Quincy man named Michael J. McDevitt, also pulled over his auto. McDevitt, who had gotten stuck in traffic because of the collision, reportedly got out of his car, went to Flaherty’s auto, opened the vehicle door, and started hitting him. Flaherty then pulled out his folding knife and stabbed McDevitt in the arm. The latter is also expected to face criminal charges.

Massachusetts Assault and Battery with a Dangerous Weapon
This is a serious crime and one that comes with either a 2 ½ year maximum sentence in a county house of corrections if the case is heard in district court or a maximum sentence of 10 years in prison if the case goes to superior court. However, depending on other factors, such as whether the victim was pregnant or had a restraining order against the defendant or a massive injury was involved, the sentence upon conviction could be lengthier.

To convict someone of this crime, the district attorney has to prove beyond a reasonable doubt that the defendant intentionally touched someone without just cause or right and that a dangerous weapon was used to make contact. A dangerous weapon can be any object or instrument that was used in a potentially dangerous manner or any weapon that is considered inherently dangerous regardless of whether or not it was used in a dangerous fashion.

Quincy man stabbed in road rage incident allegedly threw punch first, Patriot Ledger, November 9, 2010
Man was ‘scared to death’ during Dorchester road rage incident, his attorney says, Boston.com, November 9, 2010

Related Web Resources:
Massachusetts General Laws

Assault and Battery, Boston Criminal Lawyer Blog Continue reading

The defense attorney for Eva Flores, the 18-year-old charged with throwing her newborn baby out of the window of her East Boston home, said that Flores did so because she was raped and the rapist threatened to kill her and her family.

Flores has pleaded not guilty to various charges including assault and battery of a child under 14 with injuries and reckless endangerment of a child in Suffolk Superior Court. The Suffolk ADA declined to address the attorney’s explanation for his client’s actions.

The police report in which Flores’ arrest is summarized says that on September 20 around 10:05 p.m. neighbors heard crying, looked out the window and saw the baby face down in an alley. The neighbors picked up the baby and alerted the police.

Flores, an El Salvador native, is being held on immigration detainer and could be deported.
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