Articles Posted in Felonies and Violent Crimes

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In Massachusetts, Superior Court Judge Charles M. Grabau has sentenced former Marshfield High School student Joseph Nee to 2.5 years for conspiracy to commit murder. Nee, 21, is convicted of plotting a Columbine-like attack on the school.

Nee had faced a maximum penalty of 20 years in prison for the crime. He will serve six months in prison and nine months in the Plymouth House of Correction. He will also serve a two-year probation upon release and undergo periodic alcohol and drug tests. He also will have his mental health evaluated.

The Marshfield man was convicted last week after a four-day bench trial and testimony from dozens of people. He was acquitted of two charges: threatening use of a deadly weapon and promotion of anarchy.

In September 2004, Nee, was still studying at Marshfield High. He and two classmates notified police that 16-year-old Tobin Kerns intended to attack the school the following April-in a killing spree similar to the 1999 Columbine High School attack in Littleton, Colorado.

Police arrested Kerns. They also arrested Nee a few weeks later after he was implicated by Kerns’ friends.

Kerns and Nee were indicted by a grand jury in October 2004. Both teenagers pleaded not guilty. The two other boys who reported the planned assault with Nee were given immunity in exchange for their testimonies.

Kerns was convicted of conspiracy to commit murder and threatening to use deadly weapons. He is completing his 10- month prison sentence at the Plymouth House of Correction.

Ex-student gets prison in Marshfield plot case, Boston.com, February 20, 2008
Judge convicts ex-student in school plot, Boston Globe, February 15, 2008

Related Web Resources:

Are US Schools Safe?, CNN.com
Fast Facts: Major School Shootings of Past 10 Years, Fox.com, April 16, 2008 Continue reading

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In Massachusetts, state officials filed legislation that would allow prosecutors to demand that a jury rule on whether a sex offender is considered dangerous. Massachusetts law currently mandates that a sexually dangerous individual be civilly committed anywhere from 1 day up to the rest of his or her life at the Massachusetts Treatment Center in Bridgewater.

Last week, Corey Saunders, 26, was arrested for allegedly raping a 6-year-old boy at the New Bedford Library after luring the boy into the magazine racks. The boy’s mother was nearby, using a computer.

Saunders had already served four years in prison for the attempted rape of a 7-year-old boy in a foster home where Saunders had been placed. He was released in December 2006 even though three psychologists and prosecutors had said he was too dangerous to set free. Police believe that he has lived in New Bedford since August 2007 and waited until this year to register as a sex offender.

Following his arrest for the New Bedford rape incident, Saunder’s criminal defense lawyer waived his right to a dangerousness hearing. The 26-year-old has also been charged with failing to register as a sex offender within the 45 days that the law stipulates. Saunders has pled not guilty to the rape charges.

According to Middlesex District Attorney Gerard T. Leone Jr., of the 47 trials since 1999 in Middlesex County to decide whether a convicted sex offender is sexually dangerous, 25 of the cases were determined by judges, with 60% of the offenders classified as sexually dangerous. Of the 22 cases that have gone before a jury, 68% of the offenders were ruled sexually dangerous.

Push underway to boost role of juries in dangerous sex offender trial, Boston.com, February 7, 2008
Accused rapist waives right to dangerousness hearing, BostonHerald.com, February 7, 2008

Related Web Resources:

Sex Offenders, Mass.gov
Mass General Laws Section 178 – Sex Offender Registry Board, Mass.gov Continue reading

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Middlesex Superior Court Judge Wendie Gershengorn rejected the guilty plea to involuntary manslaughter charges made by Luiz Carlos Ribeiro in the 2006 death of a female patient. Ribeiro, who was a licensed doctor in Brazil but does not have a license to practice in the United States, performed liposuction on Fabiola DePaula, a 24-year-old Brazilian immigrant, in his basement in Framingham, Massachusetts.

Ribeiro had been hoping to strike a plea agreement by pleading guilty to involuntary manslaughter, but Judge Gershengorn turned him down. She says that she isn’t sure that his actions were reckless enough to warrant the plea.

Ribeiro says that he had all the equipment that he needed to perform the illegal operation on DePaula and that she would have died regardless of where the operation was performed.

Prosecutors disagree. They allege that Ribeiro did not have the proper equipment and safeguards to perform a liposuction operation in his basement. They say that DePaula’s death could have been avoided if the surgery had been performed at a hospital.

DePaula was administered illegal narcotics for the procedure. Following the procedure, she died at MetroWest Medical Center. Cause of death was listed as intraoperative complications from a liposuction procedure. She had paid Ribeiro $3,300 for liposuction and a nose job.

Ribeiro’s wife, Ana Maria Miranda Ribeiro, has already pled guilty to manslaughter charges and acting as his nurse. She was sentenced to a year in prison.

Judge rejects doctor’s plea in liposuction-related death, Boston Herald, January 30, 2008
Judge rejects guilty plea in fatal liposuction case, Boston.com, January 30, 2008

Related Web Resource:

A death after liposuction exposes busy illegal clinic, Boston.com, August 1, 2006
Liposuction
Continue reading

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Nicholas Chiaraluce, a 21-year-old Woburn college student, was released on $30,000 cash bail yesterday after he was charged with one count of aggravated rape. The woman he allegedly raped was unconscious in a men’s bathroom at the Felt nightclub in Boston, Massachusetts. The incident allegedly took place on the night of January 19.

Chiaraluce says he is not guilty of the charges and that he was trying to help the victim, a 21-year-old Boston resident. He says that he even called for help. He expressed dismay that his efforts to help the girl led to his apprehension in the Boston rape case.

Chiaraluce was arrested after a witness reported seeing him having sex with the woman, who was unconscious at the time, in the bathroom.

Boston police say that a friend of Chiaraluce’s came to the club after the suspect called him, asking him to come. Police say the friend refused to help put the girl’s clothing back on.

Chiaraluce allegedly told police that he had never met the girl before but had bought her a drink. Authorities confiscated his pants, which had some unknown substance on it, as well as a girl’s underwear, which was found in the bathroom.

Being charged with rape, or any type of sexual assault charge, is a very serious offense in Massachusetts.

Aggravated Rape
Aggravated rape involves the rape of a person against their will or without their consent, which can result in serious bodily harm.

A rape conviction can lead to a lengthy prison sentence and your name listed for life as a registered sex offender.

Man is charged with raping unconscious woman at club, Boston.com, January 24, 2008
DA: Student raped unconscious woman in Hub nightclub, BostonHerald.com, January 23, 2008

Related Web Resources:

Massachusetts Sentencing Grid Guideline, Mass.gov
Aggravated Assault, FBI.gov Continue reading

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O.J. Simpson’s bail in a Las Vegas casino robbery case was doubled to $250,000 after the judge found out that the former football great never paid a bail bondsman when he was first released. Clark County District Court Judge Jackie Glass says that Simpson, 60, has to issue 15% of the bail amount before he can be released this time.

Bail bondsman Miguel Pereira testified in court that the former football star never paid him anything. He said that he did not issue a bill to Simpson but that he had expected payment of the $18,750 that he was owed for posting the $125,000 bail. He also says he paid for plane tickets, the $40 filing fee, and a rental car.

Simpson had been ordered back to jail last week because of allegations that he had violated the conditions of his bail by asking Pereira, via voice mail, to contact Clarence “C.J.” Stewart, a co-defendant in the case. Pereira informed prosecutors of the request because he didn’t want to be criminally charged for any alleged involvement.

Simpson is not allowed to contact anyone else involved in the attempted robbery at the casino hotel, which occurred in Las Vegas on September 13, 2007 when the ex-football star and several others allegedly tried to “retrieve,” at gunpoint, several items from sports memorabilia dealers Alfred Beardsley and Bruce Fromong.

Last November, Simpson pleaded not guilty to armed robbery, kidnapping, assault with a deadly weapon, coercion, burglary, and conspiracy charges. Five other co-defendants were also charged for their alleged involvement. Simpson could go to prison for life if he is convicted for kidnapping.

This is not Simpson’s first brush with the law. A jury found Simpson not guilty in the 2004 murders of his wife Nicole Brown Simpson and her friend Ron Goldman.

Bail
Bail allows a suspect to pay a fee to be released from police custody. The suspect, however, must promise to return to court and appear for all criminal proceedings related to the case. The degree of seriousness of the crime and the circumstances of the case can determine the amount of bail-if any-that must be paid to secure the release. In some cases, such as when a person is considered a threat to society or a flight risk, bail can be denied completely. Violation of bail conditions can lead to arrest and detainment.

O.J. Simpson’s bail raised to $250,000, CNN.com, January 16, 2008
O.J. Simpson Jailed for Attempting to Contact Co-Defendant, FoxNews.com, January 12, 2008

Related Web Resources:

O.J. Simpson Arrested in Armed Robbery of Las Vegas Hotel Room, Fox News, September 16, 2007
O.J. Simpson Murder Case
Continue reading

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In Massachusetts, Eber A. Rivera, a 23-year-old Framingham homeless man was arrested on Saturday and charged in the stabbing attack of a Framingham resident on Beaver Street. Charges include assault and battery with a dangerous weapon; assault with the intent to commit a felony; assault and battery on a disabled or injured person; assault with the intent to murder or maim; and disturbing the peace.

The stabbing victim was found with multiple stab wounds. One stab just missed the victim’s heart. Police say that the injuries are very serious. The victim was taken to Beth Israel Deaconess Medical Center in Boston.

Police are trying to discover a motive for the attack. Rivera told authorities that the victim was disrespectful to him. Local police don’t think that Rivera and the victim had met prior to the incident.

Rivera was covered with blood when he fled the assault scene and encountered a police vehicle responding to a call about the attack. Rivera led police on a food chase before he was arrested.

In Massachusetts, the maximum penalties that come for being convicted of the crimes that Rivera is charged with include:

• Assault and battery: 2 ½ years maximum in a house of correction or a $1,000 maximum fine
• Assault with intent to murder or maim: 10 year-maximum prison sentence
• Assault and battery on a disabled or injured person: Up to three years in state prison
Just because you are arrested for assault and battery doesn’t mean you are guilty. There may be evidence that can be legally suppressed or motions that can be dismissed or charges that can be dropped. Your Massachusetts criminal defense lawyer may be able to work out a plea agreement with the prosecution.

Being convicted of a crime has serious consequences on your life and the lives of your loved ones. It is so important that you hire an experienced Massachusetts criminal defense attorney who will defend you and protect your rights.

Man stabbed near heart in Framingham, MetroWest Daily News, December 16, 2007
Massachusetts General Laws – Crimes Against the Person – Chapter 265, Section 15A, Onecle.com

Related Web Resource:

Massachusetts Sentencing Guidelines, The Massachusetts Court System Continue reading

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In Massachusetts, the second murder trial of former Harvard graduate student Alexander Pring-Wilson has ended in a mistrial. Middlesex Superior Court judge Christopher Muse granted a mistrial in the case because the jury was hopelessly deadlocked. They were unable to reach a verdict after deliberating for 10 days.

Pring-Wilson, 29, is charged with manslaughter in the 2003 stabbing murder of 18-year-old Michael Colono. The killing took place in Cambridge during a drunken, late-night brawl. Wilson stabbed Colono a number of times with a military folding knife.

Pring-Wilson was convicted of manslaughter in 2004 and sentenced to six to eight years in prison. In 2005, his conviction was overturned and the Massachusetts’s Supreme Judicial Court, however, granted him a new trial when it ruled that jurors should have been informed of Colono’s criminal and violent history.

The 29-year-old former student has always maintained that he acted in self-defense and that Colono and his cousin were the instigators of the attack. Pring-Wilson has been out on bail since his conviction was overturned.

If you have been arrested for any kind of crime in Massachusetts, you should speak with an experienced criminal defense attorney immediately. Even when all the evidence is against you, a good criminal defense attorney can still determine whether there are special circumstances that could persuade the persecution to charge you with a lesser crime or convince a jury to set you free. You deserve a fair trial.

Mistrial
A mistrial is a trial that ends before a resolution is reached. A judge can grant a mistrial for different reasons. A jury may have become tainted because it was given improper evidence. A jury is unable to reach a verdict. The defense or the prosecution may ask for the mistrial.

It is not known at this time whether Pring-Wilson will stand trial for a third time.

When a mistrial is declared, a new trial may be granted. Or, if circumstances allow the defendant to cite the Double Jeopardy Clause-which makes it impossible for the person to be tried more than once for the same crime-the defendant may go free.

Mistrial granted in trial of Harvard graduate student, Boston Globe, December 14, 2007
Ex-Harvard Student’s Retrial Ends In Mistrial, BostonChannel.com, December 14, 2007

Related Web Resource:

Justice for Alexander Pring-Wilson
Continue reading

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The mother and stepfather of 2-year-old Riley Ann Sawyers now face capital murder charges in the death of the little girl. The decision was made by a grand jury in Texas where Kimberly Dawn Trenor, 19, and Royce Clyde Zeigler II, 24, will stand trial. Prosecutors are deciding whether to push for the death penalty.

On October 29, Riley’s body was found wrapped in black plastic bags that had been stuffed a blue, plastic bin on an island in the Galveston Bay.

Police named the toddler “Baby Grace” because they did not know her identity. Riley’s paternal grandmother called police and told them that the drawing of the unidentified girl resembled Riley Ann.

Tampering with evidence and injury to a child were the initial charges filed against Zeigler and Trenor. Since then, however, police have found more evidence to warrant the more serious charge.

Trenor confessed to police that Zeigler beat her daughter with leather belts. Riley then was tossed across a room before she was held under water until she died. Riley’s skull was fractured in three areas-each one of them fatal. She was beaten for 4-6 hours.

Trenor says that the beating happened on July 24 because Riley wouldn’t say “yes, sir” and “please.” She and her husband hid her daughter’s body in a storage shed for several weeks before tossing it in the bay.

Trenor’s defense lawyer says that Zeigler wanted his client to hit Riley with a belt when she didn’t comply with his wishes. The beatings happened on the day he stayed home to make sure that Trenor was following his disciplinary plan. The couple supposedly did not intend to kill Riley.

Trenor says she wanted to call 911 but Zeigler wouldn’t allow it.

Capital murder is a very serious offense that can lead to the death penalty. Circumstances that can lead to a capital murder charge include murdering someone younger than 6 years of age, murdering a fireman or police officer, murder after escaping prison, murder while committing sexual assault, kidnapping, terrorism, or another capital felony.

Couple face capital murder charges in Baby Grace death, CNN.com, December 13, 2007
Mother’s lawyer: Child killed for failing to say ‘please, CNN.com, November 29, 2007

Related Web Resource:

Affidavit for Probable Cause of Arrest and Complaint (PDF)
Continue reading

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44-year-old Stevie Walker is on Trial in Suffolk Superior Court for the November 4, 2005 stabbing murder of Galina Kotik, a 65-year-old Russian grandmother, inside her Fenway apartment building in Boston.

Walker had been smoking crack cocaine for up to 24 hours before he went to Kotik’s building to visit an acquaintance and figure out a plan to rob her so he could get more drugs.

A witness for the prosecution testified on Tuesday about how Kotik’s dying cries could be heard. Valentina Tsodikovich says she saw a man with blood on his clothes flee the murder scene.

Kotik was a nursing assistant. Prosecutors say that she pulled out one of the Walker’s dreadlocks and scratched his face during the attack. They say that Walker smashed in the elderly woman’s head with an ashtray and stabbed her nearly two dozen times.

Walker’s defense attorney admits that his client did kill Kotik. However, he is asking the jury to consider convicting Walker of a lesser charge than first-degree murder.

Walker has a personality disorder and does not remember killing Kotik. After the attack, he fled to a parking garage in the area and got trapped in a storage closet for approximately 40 hours. He escaped through a window and went to a police station where he fell asleep. He was arrested there.

Defense acknowledges violence of killer, Boston.com, December 11, 2007
Gruesome testimony in trial of man charged with murder of elderly woman, Boston Herald.com, December 11, 2007

Related Web Resources:

Massachusetts General Laws

Legal Definition of First-Degree Murder, Lectlaw.com Continue reading

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The FBI says that the number of hate crimes committed in the United States grew by almost 8%, with racism being the reason for more than 50% of the incidents.

In 2006, police in the US reported 7,722 crimes occurred because of prejudice against someone due to their sexual orientation, race, religion, nationality, ethnicity, or disability. There were 7,163 hate crimes reported the year prior.

12,600 out of over 17,000 federal, state, county, and local police agencies provided information to the FBI study.

Here is a breakdown of the different hate crimes included in the report:

• 5,549 of the hate crime incidents targeted individuals • 38 was aimed at society in general • 3,593 incidents involved the destruction of property • 2,911 incidents involved vandalism or property damage • 2,046 offenses involved intimidation • 1,447 simple assaults • 860 aggravated assaults
• 41 arsons • 3 murders • 6 rapes • More than half the 7,330 offenders were Caucasian • 20% of them were Black • 12.9% were of other origins • 31% of the hate crime incidents took place near homes • 18% took place on streets • 12% at schools • 6.1% in parking areas • 3.9% in churches, temples, or synagogues
Hate crimes in Massachusetts are considered serious crimes with fines and prison time if a person is convicted. A hate crime involving assault or battery upon a property or person can result in a fine of up to 5,000 and up to 2.5 years in a house of correction.

A person convicted of a hate crime that causes bodily injury to the victim in Massachusetts can end up paying a fine as high as $10,000 and spending up to 10 years in prison.

FBI: Hate crimes jump nearly 8 percent, CNN.com, November 19, 2007
Chapter 265. Crimes Against the Person, Mass.gov
Information on Charging Hate Crimes Under Massachusetts Law, Mass.doe.mass.edu

Related Web Resources:

Hatecrime.org

Hate Crime, FBI Continue reading

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