Articles Posted in Felonies and Violent Crimes

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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Boston’s homicide toll continued to rise as two were killed over the weekend. Thomas Whitley, a 30-year old Roxbury man, and an unidentified teenager were killed, marking the 62nd and 63rd homicides this year. At this time last year, the homicide toll was 43.

Whitley, a father of four, was stabbed on Saturday night on 60 Dearborn Street. He was later pronounced dead at Boston Medical Center. Witnesses told the Boston Globe that Whitley and another man went into Dearborn Liquors together where they got into a fight that continued out to the street. The call to police first came in as an attempted robbery.

The teenager was shot on Mascot Street in Mattapan on Sunday morning. He too was pronounced dead at Boston Medical Center.

With this ongoing violence, the pressure will continue to mount on law enforcement. When that happens, the pressure on you also grows. Pressure from superior officers, prosecutors, and law enforcement politicians will affect police investigations and feed their fear and their “us vs. them” attitude.
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Sharon Fitzpatrick, the woman charged with stabbing her husband Sylvester Mitchell at their home in May 2007 has been acquitted of Massachusetts second-degree murder. This was the second time that her Boston murder case had gone to trial. The first one had ended in a mistrial after jurors were unable to break their deadlock.

Fitzpatrick was accused of attacking Mitchell during a dispute. Authorities claimed she was angry that he came home later than was expected. They were to celebrate his 40th birthday.

While prosecutors have argued that Fitzpatrick had no injuries from the stabbing to indicate that she needed to protect herself against Mitchell, the 39-year-old woman has always maintained that she acted in self-defense.

Massachusetts Second-Degree Murder
With Massachusetts second-degree murder, the crime needs to have been committed with malice aforethought (but not deliberate premeditation) or while a non-capital felony was taking place. The maximum sentence if convicted is life in prison with parole after 15 years. Choosing the right Boston murder defense law firm can make a huge difference on the outcome of your case.

Defending someone against a murder charge can be a very complicated process. There may be reasons why charges against you should be dropped or reduced or why you should be found not guilty-even if there is evidence to indicate otherwise. There may be evidence to prove that you did not commit the crime. There may be witnesses that can testify in support of your defense.

Woman acquitted in ’07 death of husband, Boston.com, November 4, 2010
Ex-dispatcher faces retrial in husband’s death, Boston Herald, October 24, 2010
Prosecutor: Victim “Didn’t See it Coming,” Suffolk County District Attorney’s Office

Related Web Resources:
Defenses to Criminal Charges, Nolo
Murder News Stories, Google

Murder, Boston Criminal Lawyer Blog Continue reading

Verna Sewell, a 65-year-old Dorchester woman, was found guilty of involuntary manslaughter in Suffolk Superior Court yesterday, according to the Boston Globe. The case arose out of the May 2009 stabbing death of 74-year-old Julius Scott, who shared an apartment with Sewell. She will be sentenced tomorrow.

Police were informed of the stabbing when Scott called 911 and said that he had been stabbed “in the heart” by a woman who then left his apartment. By the time police arrived, Scott was dead, but a bloody knife was recovered at the scene. Police found Sewell, who fit the description of the woman living with Scott, at a bus stop with blood on her clothing. She told them that there was a struggle when he attacked her with the knife and that Scott was stabbed in the course that struggle.

The Boston Globe: Dorchester woman found guilty in roommate’s death
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Marcos Colono, a 32-year-old Cambridge man, was indicted Thursday in Middlesex Superior Court on two counts of rape of a child by force, two counts of home invasion, armed assault with intent to murder, and other charges. Prosecutors claim that Colono raped an 11-year-old boy and stabbed his father during a home invasion. His Superior Court arraignment date has not been set.

Rape of a child by force is punishable by up to life in state prison, and there is a 10-year mandatory minimum if a defendant was armed with a firearm, rifle, shotgun, machine gun or assault weapon at the time of the offense. Rape will be “rape of a child by force” when the victim was under the age of 16. That age element is the only difference between the two crimes.

The punishment for a home invasion conviction can be between 20 years and life in state prison. Home invasion means going into another person’s home while knowing or having good reason to believe that the person is home and staying there with a dangerous weapon or using or threatening to use force upon the person.

Armed assault with intent to murder is punishable by a 5-year mandatory minimum in state prison and up to 20 years.
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Tuesday night there was yet another shooting in the Boston area. This time it was in Somerville. By the time it was over, a police detective was wounded and a young man was dead. So far, there is nobody to label “Defendant” in this one. The young man, Mathew Krister, 21, (hereinafter, the “Deceased), is said to be the assailant.

This would tend to take blame away from the detective, so one would expect that he will not be charged with anything. Self-defense, after all, is applicable during an assault and battery with a gun.

The two knew each other prior to Tuesday night, though. In fact, the officer is said to have “talked” with the Deceased about the subject of gun possession while a pending investigation was taking place. According to friends and family of the Deceased, he was wanted by law enforcement officials and a warrant was out for his arrest. According to family friends, he had been talking about turning himself in.

But the shooting occurred before that could happen.

According to law enforcement, federal and local police approached the Deceased and he fired at least three shots at Somerville police Officer Mario Oliveira. Police would not say how many shots were fired back or how many officers fired.
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Do you think that homicide is a game only the young can play? Well, Verna S., a 65 year-old woman from Dorchester woman (hereinafter, the “Defendant”) would beg to differ. Yesterday, she was convicted in the May 2009 stabbing death of a 74-year-old man, Julius S.,(hereinafter, the “Deceased”) in the apartment they shared in Dorchester, according to Suffolk District Attorney Daniel F. Conley.

Sewell had been free pending the trial, but Superior Court Judge Frank Gaziano ordered her held once the guilty verdict was delivered. She is scheduled to be sentenced on Thursday. She was apparently found guilty of involuntary manslaughter, not the Second Degree Murder charge she originally had been charged.

Her sentence can run from probation to 20 years in prison.

The police were alerted to the armed assault after the Deceased called 911 to report that he had been stabbed by a woman who then left his apartment. He told a dispatcher he had removed the knife from his chest. He was dead by the time police responded to his home. His cell phone and a bloody steak knife were found next to the chair.
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Last week, I began this mini-series about perspectives in the criminal justice system. I started with that of the police officers. As the week went on, the news was more and more full of examples illustrating my point. First, the only alleged police misconduct dominating the Boston news in took place in New York. Now, we have a video on YouTube and similar allegations here at home.

Boston Police Commissioner Edward F. Davis now says that he is reviewing video footage that shows the several police officers using force to arrest a juvenile (hereinafter, the “Kid”) at Roxbury Community College.

The video has made the rounds on YouTube and shows an officer assaulting the Kid and kneeing him while several other officers are trying to place handcuffs on him. The arrest occurred in a lobby at the college. Of course, the Kid was not the only one injured…three of the officers were apparently taken to a hospital for treatment of minor injuries and were later released, Davis has pointed out.

According to Davis, the officers did use force, but it is a question whether that force was excessive. After all, the officers were trying to handcuff the Kid and the Kid resisted.
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In Lynn District Court, Fernando Aristy, a 24-year-old Chelsea man, has pleaded not guilty to the charges of Massachusetts murder, assault and battery with a dangerous weapon, and assault to murder. Aristy is accused of injuring 34-year-old Peabody resident Chad McDonald so severely during a fight earlier this month that the latter never recovered.

However, according to Aristy’s Massachusetts criminal defense lawyer, the Chelsea man had been acting in self-defense. Witnesses have reported at one point during the dispute seeing McDonald pull out a screwdriver that they mistook as a knife. They also say that he started the fight.

Aristy and McDonald had reportedly argued a week before the deadly brawl about a parking disagreement. During the fight, Aristy allegedly struck McDonald with a 2-by-4 piece of wood and then later fled the scene.

According to The Salem News, following the fight McDonald seemed unaware that he had sustained severe head injuries. He returned to the business where he worked and was living temporarily. A friend came to check on him after he failed to show up for a yard sale and that was when he was transported to the hospital.

Aristy turned himself over to Lynn police earlier this week.

Man held in death of a local father, 34, Salem News, October 27, 2010
Lynn man pleads not guilty to murder charge after fight, Boston.com, October 27, 2010

Related Web Resource:
General Laws of Massachusetts – Chapter 265 Crimes Against the Person, Onecle Continue reading

The news has gotten even worse. Hours after law enforcement announced that a second person shot during this weekend’s shootings had died, there was yet another fatal shooting in Boston.

This shooting victim was a 30-year-old man who was shot on Geneva Avenue in Dorchester at approximately 8 p.m. He was pronounced dead at Boston Medical Center.

Police are investigating a possible gang or drug connection and looking for a black Cadillac Escalade seen leaving the scene shortly after the shooting. Ruiz did not name or describe any possible suspects, saying that the driver of the Cadillac was only wanted for questioning.

And so, with bodies piling up, law enforcement continues its investigation(s). There are a number of leads. Some will turn out helpful and lead to the factually guilty. Others will inevitably not be so helpful (in terms of Justice) and lead to the innocent.

Perhaps they will lead to you or somebody you care about.
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