Articles Posted in Felonies and Violent Crimes

Lower Superior Court Judge Kenneth Fishman has cleared Ki Yong O, an Andover, Massachusetts resident, of motor vehicle homicide charges because taking the prescription drug may have caused him to engage in sleep-driving when he struck and killed a 43-year-old Methuen men last year.

In June 2006, O struck and killed Anthony Raucci, who was changing a tire on his car while his wife and son sat nearby on Interstate 93 in Tewskbury. Raucci’s wife and son witnessed the fatal crash. O had taken Ambien before getting behind the wheel of his car. He said he doesn’t remember striking Raucci.

Witnesses say they saw O driving erratically down Interstate 93 when his car struck Raucci, who died immediately. Although prosecutors argued that O knew he took Ambien and drove his car anyway, O’s defense team claimed that sleep-driving is a rare side effect of taking Ambien.

Judge Fishman says that he didn’t think O knew that sleep-driving was a potential side effect of taking Ambien and he therefore could not reach the conclusion that O committed voluntary motor vehicle homicide. O was also found not guilty of leaving the scene or committing property damage.

Not long after the fatal accident occurred, the Food and Drug Administration issued an order that the label on Ambien be changed to include its potential side effects. Ambien is used to treat insomnia.

Sleep-Driving
Somnambulism is the term given to complex activities that can occur while a person is sleeping. A person can be asleep and still drive, have sex, cook, and eat food. Upon waking up, a person who was sleep-driving will have no recollection of engaging in any of these activities.

Lawyer who took sleeping pill cleared of vehicle homicide, Eagle Tribune, December 1, 2007
Judge clears ‘sleep driving’ Andover man of motor vehicle homicide, Boston Herald, December 1, 2007
Related Web Resources:

Sleep-Driving

Ambien CR
Continue reading

Three men in Massachusetts who have been convicted of federal drug charges in connection to cocaine sales that they made in and around the Bromley-Health Housing Development have been sentenced to long prison terms and will be banned from the Boston area once they are released.

Amos Carassquillo, 19, Nathan Garrasteguy, 26, and Louis Garcia Jr., 21, were cocaine dealers who sold drugs at the housing development in Jackson Square. 23 suspects have been charged in the Federal and police drug bust at the housing complex. Some of the drug activities involved the Health Street Gang, which has over 100 members and is based in Bromley-Health.

Carasquillo is serving 11 years in prison. He also has been charged in another case related to Bromley-Health where he pointed a weapon at Boston police. Garrasteguy is serving 10 years, while Garcia is serving 15 years.

Their ban encompasses the entire Suffolk County area, including Chelsea, Winthrop, Boston, and Revere, Massachusetts. Carasquillo’s exile will last eight years. The other two men are to be exiled for 12 years.

Drug Dealers, Imprisoned, Exiled, Jamaica Plain Gazette, November 16, 2007

Related Web Resources:

Massachusetts Drug Courts

Drugs & Crime Facts, US Department of Justice Continue reading

The second trial of Former Harvard grad student Alexander Pring-Wilson began with opening statements on Wednesday. Pring-Wilson, now 29, was convicted of manslaughter three years ago for the 2003 stabbing death of 18-year-old Michael Colono.

A judge, however, ordered a retrial after the Massachusetts Judicial Supreme Court ruled in a different case that jurors should be given the opportunity to look at a victim’s violent history if it supports a defendant’s self-defense claim.

Pring-Wilson has always maintained that he acted in self-defense because Colono and his cousin, Samuel Rodriguez, were beating him up.

Rodriguez, however, has said that the former Harvard grad student repeatedly stabbed Colono with a Spyderco military folding knife for making fun of him. Pring-Wilson is accused of stabbing Colono 5 times in 70 seconds.

Details regarding Colono’s violent history were withheld during the last trial can now be revealed by the defense. Information that is now admissible includes Colono’s arrest for throwing money into a cashier’s face at a pizza place and destroying the restaurant’s glass door, as well as another arrest for allegedly assaulting subway passengers.

More details about Rodriguez’s criminal record and violent past will also be revealed to jury members. Domestic violence incidents, an attempt to knife his brother-in-law, and attacking a car rider after egging the motor vehicle are some of the incidents that are expected to be revealed by the defense.

On Wednesday, jury members toured the scene of the fight on Western Avenue in Cambridge, Massachusetts.

If the prosecution cannot prove beyond a reasonable doubt that Alexander-Pring Wilson is guilty of the charges, then the jury must find him not guilty.

Retrial Starts For Former Harvard Student Charged In Stabbing Death, WCBV, November 7, 2007
Jury selected in Pring-Wilson retrial, Boston.com, November 6, 2007
Manslaughter Retrial Begins for Former Grad Student, Harvard Crimson, November 5, 2007

Related Web Resources:

Pring-Wilson Convicted of Manslaughter; Sentenced to 6-8 Years in State Prison (PDF)

Memorandum of Decision and Order on Defendant’s Motion for Relief from Judgment Pursuant to Mass. R. Crim P. 25 (B) (2), June 24, 2005 (PDF)

Justice for Alexander Pring-Wilson, Alexander Pring-Wilson.org Continue reading

Massachusetts police chiefs says the cities of Lowell and Lawrence are among the cities in the state that experienced a slight decrease in crime. Woburn and Arlington saw the biggest increase in total crimes committed from January to June 2007.

The group, made up of Massachusetts police chiefs, says most municipalities with 40,000 residents or more saw a 2% increase in crime during this six month period. Arlington, however, saw a 38% increase in crime with 354 crimes committed from January to June 2007. 256 crimes were committed during the same time period in 2006).

Crimes in Boston decreased by 1%. Brookline and Brockton experienced an 11% decrease-the largest drop in the state. Crime in Medford dropped 8% while crime in Woburn dropped 11%.

Felony crimes, including motor vehicle theft, homicides, theft crimes, and burglary and some misdemeanor crimes, such as larceny under $250, were among the crimes factored into the study. Violent crimes and property crimes increased in cities where an increase in crimes was noted.

On Friday, Massachusetts Governor Deval. Patrick met with Harvard University students and community leaders. He promised the students at his alma mater that he would direct more funds toward preventing crime. He also vowed to develop a strategy to fight crime.

At the meeting, the Harvard Black Student Association and Harvard Black Men’s Forum, and Operation Greensboro-an anti-violence group-asked Governor Patrick to commit $50 million to fighting crime in the six most violent Massachusetts cities. Patrick, however, would not commit to an amount.

Arlington, Woburn report rise in crime, Boston.com, November 4, 2007
Governor Promises Funds for Crime Prevention, The Harvard Crimson, November 4, 2007

Related Web Resources:

Massachusetts Crime Rates, Disaster Center
Governor Deval Patrick, Mass.gov Continue reading

The man charged with beating 78-year-old Robert J. Moore Sr. to death with a bat-like object reportedly has been suffering from mental health problems, says a missing report that his wife filed with police in Norwood last August.

41-year-old William B. Dunn was working as a contractor and installing a lawn sprinkler system at Moore’s home when an argument broke out between the two men and Dunn reportedly attacked the elderly homeowner. Moore sustained extensive head injuries. His daughter-in-law Nancy was hospitalized at Beth Israel Deaconess Medical Center because of injuries she sustained while trying to stop the attack. Her son, Jamie, who had been painting outside, found his mother bleeding on the basement floor.

Police searched for Dunn for hours after the murder. Schools were locked down for up two hours after classes ended. Dunn was captured in a marsh close to route Route 128. His arraignment is scheduled for Monday.

According to the missing person report, Dunn was voluntarily committed to the psychiatric ward of Norwood Caritas Carney Hospital. His wife filed the missing person report after he left the ward.

Moore’s slaying was the first homicide in Needham, Massachusetts since August 1989.

The Insanity Defense
The insanity defense is a plea that claims the defendant is not guilty of a crime because he or she does not have the mental capacity to know that what he or she did was wrong. The “irresistible impulse” defense-allowable in certain states, lets defendants claim that they knew they were committing a crime but they lacked the ability to stop themselves.

In Massachusetts, the effectiveness of the insanity defense in a criminal case can depend on whether the accused can determine between right and wrong when he or she committed the crime.

The American Psychiatric Association says that 80% of cases in which a defendant is found not guilty by reason of insanity are the result of a plea bargain between the defense and the prosecution.

Brutal slaying puts Needham into lockdown, Boston.com, November 3, 2007
Slay suspect had mental health problem, Boston.com, November 4, 2007

Related Web Resources:

Experts: Insanity pleas don’t often work, The Patriot-Ledger, March 12, 2005
Mental illness tough to prove in court, Post-Gazette, May 7, 2000 Continue reading

Ex-Prison Break Star Lane Garrison will serve 3 years and 4 months in a California prison in the DUI car accident death of a California teenager.

Garrison, 27, pleaded guilty to one count of vehicular manslaughter without gross negligence, a misdemeanor of providing alcohol to a minor, and one count of driving under the influence with a BAC level of .15 or higher.

Garrison had been driving under the influence of cocaine and alcohol in December 20067 when he crashed his 2001 Land Rover into a tree. Vahagn Setian, a 17-year-old student from Beverly Hills High and a passenger in the Land Rover, died in the accident. Two 15-year-old girls, also riding in the car, sustained injuries.

The actor’s BAC level was .20, which is twice as much as the legal driving limit in California. He also had cocaine in his system at the time of the crash.

Garrison met the teenagers at a grocery store and accompanied them to a party where he allegedly drank alcohol with minors and then went back to the store for more alcohol.

Being convicted of homicide while driving under the influence of alcohol or drugs in any US state is a very serious matter.

In Massachusetts, the Blood Alcohol Concentration (BAC) level is .08. Under Vehicular Homicide Law:

Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs and While Operating To Endanger: Mandatory minimum 2 ½ years and up to 15 years in state prison or mandatory minimum 1 year and up to 2 ½ years in jail; plus fines and loss of license
Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs or While Operating To Endanger: Mandatory minimum 30 days and up to 2 1/2 years in jail; plus fines and loss of license.

Actor Lane Garrison gets 40 months in jail for crash that killed teen, LA Times.com, October 31, 2007
Ex-‘Prison Break’ actor gets 40 months, CNN.com, October 31, 2007
Homicide, Mass.gov

Related Web Resource:

Lane Garrison News Stories, TV.com Continue reading

Anna Tang, a 20-year-old Wellesley College student is being held without bail following her arraignment today at Massachusetts’s Cambridge District Court in the stabbing of her ex-boyfriend, a 19-year-old student at the Massachusetts Institute of Technology.

Tang is charged with home invasion and armed assault with intent to murder. The Middlesex district attorney’s office says that the MIT student woke up in his dorm room and found Tang stabbing him multiple times.

The couple had dated romantically several months and broke up three weeks ago. At that point, the relationship allegedly turned violent. Tang allegedly sent her ex-boyfriend threatening e-mails and then stabbed him this morning after breaking into his room. She was apprehended soon after. Her jacket was had blood all over it and she had a black folding back knife in the backpack she was carrying.

The victim is at local Boston hospital where he is being treated for his injuries.

Supporters of Tang have called her “meek and mild mannered.” Tang’s dangerousness hearing is scheduled for October 30.

Dangerousness Hearing
In Massachusetts, a dangerousness hearing is set up to determine whether letting a defendant out of jail on bail would be dangerous to others in the community. A large bail amount can be imposed if the person is considered dangerous. A judge can also order that a defendant be held without bail until the trial if there is no way to guarantee that others are safe if the defendant were set free. A person released on bail can also be remanded into custody until the trial if he or she violates any conditions of release.

In Massachusetts, a conviction of assault with the intent to murder means that the defendant acted with malice and actually intended to murder the victim. With this type of charge, the prosecution must prove that the defendant actually meant to commit murder. The maximum prison sentence for this type of crime is 10 years.

Wellesley student accused of stabbing former boyfriend at MIT, Boston.com, October 23, 2007
Related Web Resoures:
Enforcement of Orders; Criminal Proceedings, The Massachusetts Court System
Chapter 4. Criminal Complaints, MassLegalHelp.com Continue reading

The life sentence of a dying convicted killer has been vacated in Massachusetts because the judge that oversaw the case had closed the courtroom to the public during jury selection for the trial. US District Court Judge Nancy Gertner issued her decision after recently finding out that the Dwayne Owens’ right to a speedy and quick trial had been violated when federal Judge William G. Young cleared the courtroom of viewers so there could be space for the 72 potential jurors.

By making this portion of the jury selection process private, Judge Young violated Owens’ sixth amendment rights.

The Sixth Amendment of the Us Constitution’s Bill of Rights says that:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Owens, 44, had been convicted to life in prison for the 1992 Halloween murder of Rodney Belle. Owens, who is now confined at home and wears an electronic bracelet on Judge Gertner’s orders, has terminal lung cancer. It is uncertain whether Owens will be retried for the murder again because he is dying.

Belle, a father of five children who was 30 at the time of the slaying, was in Mattapan, Massachusetts when he was shot 21 times. 4 of the shots were fired directly into his head. According to federal prosecutors, Owens, a well-known New England cocaine czar at the time of the murder, thought Bell had set him up to have his drugs stolen.

Owens, who was convicted in 1997, had served 10 years of his life sentence.

Dying killer freed due to judge error, Boston Herald, October 22, 2007
Amendment VI, US Constitution: Bill of Rights, Cornell University Law School

Related Web Resources:

United States v. Dwayne Owens, Appellant, United States Court of Appeals for the First Circuit Court
Drug kingpin may get new trial, Boston.com, April 14, 2007 Continue reading

Jane Berghold, the 76-year-old breast cancer patient who crashed her car into a Brockton Hospital earlier this week, has been charged with motor vehicle homicide. Dr. Mark Vasa, the head of radiation therapy, and Susan Plante, a hospital worker, died in the crash. Two other people were injured.

The Plymouth DA’s Office is charging Berghold, a Rockland, Massachusetts resident, with two counts of motor vehicle homicide by negligent operation and one count of operating to endanger. Her license has also been revoked indefinitely.

Berghold says that she tried to stop the car by stepping on the brakes. Brockton police and Massachusetts police are both investigating the accident to determine if the brakes or anything else on the 1991 Oldsmobile was experiencing mechanical problems or was defective. They are also looking into whether Berghold was driving under the influence of alcohol or drugs when the accident occurred.

In Massachusetts, there are three types of motor vehicle homicide offenses that a person can be convicted for. Felony motor vehicle homicide occurs when a driver under the influence of alcohol or drugs is operating to endanger and another person is killed in a motor vehicle crash because of this.

Misdemeanor motor vehicle homicide occurs when a driver is drunk driving and another person dies as a result or when a person driving carelessly or negligently (operating to endanger) causes a fatal motor vehicle crash.

A criminal defendant convicted of misdemeanor motor vehicle homicide can face up to two and a half years in prison and/or be ordered to pay a fine as high as $3,000. A driver convicted of felony motor vehicle homicide can be ordered to spend up to fifteen years in prison and pay a fine as high as $5,000.

Vehicular homicide is a serious offense. Even if you did not mean to cause the fatal accident and would never voluntarily commit any kind of crime, you could be convicted and sent to prison because other people died in a motor vehicle crash that is considered you fault.

Driver in hospital crash charged in deaths, Boston.com, October 19, 2007

Related Web Resource:

A Brief Overview of Massachusetts Homicide Law, Norfolk District Attorney’s Office
Elderly Woman Drives Car Into Hospital, Killing Doctor, Secretary, Foxnews.com, October 16, 2007 Continue reading

The FBI has issued its annual Uniform Crime Report. For the state of Massachusetts, the FBI reported that the following cities had the highest number of reported violent crimes:

Boston: 7,533 violent crimes Worcester: 1,496 violent crimes Springfield: 2,260 violent crimes New Bedford: 1,143 violent crimes
Not every Massachusetts city contributed data to the report. In the Metro South area, the cities with the highest number of violent crime reports included:

Quincy: 305 violent crimes Randolph: 156 violent crimes Taunton: 290 violent crimes
Also, according to the FBI, violent crimes increased nationally by two percent. Murders in big cities across the U.S. rose by 1.8%, and arson and robberies also grew in the bigger population areas. The number of reported theft and car crimes, however, decreased.

The FBI says that the new data shows that violent crimes are increasing in the United States. The Justice Department attributes the rise to an increase of youth violence, gangs, and guns. The Bush Administration has promised to spend $50 million to fight guns and gangs.

The Massachusetts Law Enforcement Agency also issues a Uniform Crime Report. Here are the following rates that it provided for crimes committed in Massachusetts in 2006:

Violent Crimes: 28,775 Murder: 186 Property: 153,913 Forcible Rape: 1,742 Aggravated Assault: 18,800 Robbery: 8, 047 Larceny-theft: 100,771 Burglary: 35,181 Vehicle theft: 17,961
FBI releases 2006 crime data by town, The Enterprise, September 30, 2007
FBI: Violent crimes in U.S. near 5-year peak, MSNBC/AP, September 24, 2007
Massachusetts Crime Rates 1960 – 2006, Disaster Center.com

Related Web Resource:

Uniform Crime Reports, FBI Continue reading

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