Illegal Weapons Possession

November 25, 2008

Massachusetts Assault Defendant Held Without Bail For Disobeying Court Order

Angel R., 43, a former Springfield firefighter (hereinafter, the “Defendant”) has been having a bad time of it lately.

In July, he was arrested in connection with a fight with another gentleman.

Well, it allegedly involved alittle more than a simple fight; his fellow combatant, hereinafter referred to as “slashed”, ended up cut up through use of a box cutter. The Defendant was arrested for attempting to kill him.

The fight had taken place outside an apartment in Sixteen Acres on Allen Park Road. Slashed, who had been outside the home of his two children and their mother, had reportedly been slashed several times and still had a piece of blade lodged in his neck as it had broken off.

The Defendant was arrested and charged with assault and battery, assault and battery with a dangerous weapon and armed assault with intent to murder.

Police said that while in court, he apparently did or said something to violate the terms of his release and so a warrant was issued.

The Defendant was initially denied the right to bail, but in September, Judge Tina S. Page granted bail at $10,000 cash or $100,000 personal surety and stipulated that the Defendant was to have no contact with either Commonwealth witness, namely, Slashed and his children’s mother.

Apparently, the Defendant had also had a relationship with the children’s mother.

Do I see the form of a potential love triangle forming?
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November 24, 2008

Massachusetts Juveniles Bring Weapons To School, Assault Students And Are Prosecuted

by Altman & Altman

When I was a kid, we had a thing called “show and tell” in which you could bring in something you thought was “cool” to show the class and maybe play with when the teacher was not looking. It was fun. For some reason, it never occurred to me to bring a weapon in to play with.

I guess times have changed.

Back then, I suppose, if I had brought some weapon in, my parents would have been called and I might be suspended. Today, though, it is the police who are called and it can mean incarceration.

Take a certain 14-year-old student (hereinafter, “Defendant 1”) at Silver Lake Regional Middle School in Kingston, Massachusetts, for example. A pellet gun was found in his locker, according to the Patriot Ledger.

On Thursday morning, a school staffer found the gun in a plastic bag. Police were called to the school, and Defendant 1 was arrested. Police said that the juvenile showed the gun to other students, which is how it the staff became aware of it.

14-year- old Defendant 1 was charged with carrying a weapon on school grounds and disturbing a school.

Over-reaction?
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November 20, 2008

Felony Gun Charges Against Drew Peterson Are Dismissed

by Altman & Altman

Felony gun charges against Drew Peterson were dropped today when prosecutors refused to turn over internal files pertaining to their decision to arrest the former police sergeant. Peterson was arrested last May and charged with owning an assault rifle with a barrel shorter than what the state law allows.

Police found the gun when they entered Peterson’s home last November. 11 guns were confiscated from his home, during a search that took place after his wife Stacy went missing on October 28, 2007. Peter, who is a suspect in her disappearance, continues to deny any wrongdoing or involvement in the case.

Since the weapons charges were filed, Peterson’s criminal defense attorney has argued that his client did not break the law by possessing the rifle because the Law Enforcement Officer Safety Act makes him immune to the state’s weapons laws. Peterson used the gun when he worked for a police SWAT team.

Today, Judge Richard Schoenstedt granted a motion filed by Peterson’s legal team to pursue a “vindictive prosecution” defense and ordered prosecutors to give the defense team a limited copy of memos, e-mails and other documents pertaining to the weapons charges against Peterson.

After Assistant State’s Attorney John Connor refused to turn the documents over, the judge dismissed the charges. Prosecutors say the will appeal the case.

Vindictive Prosecution
This term refers to prosecution used to retaliate against a defendant.

Massachusetts Weapons Possession
In Massachusetts, illegal possession of a firearm is grounds for a mandatory minimum eighteen months behind bars if a defendant is convicted. If you have been arrested for weapons possession in Boston or anywhere else in the state, you will need legal help to combat the charges or get them reduced.

Gun charges dismissed against Drew Peterson, Chicago Tribune, November 20, 2008
Judge Drops Gun Charges Against Drew Peterson, Associated Press/Fox News, November 20, 2008

Related Web Resources:

Massachusetts Laws About Weapons

Massachusetts Firearms Law Reference Chart, Goal.org Continue reading

November 20, 2008

Massachusetts Department Of Corrections Official Accused Of Stealing Guns And Money

by Altman & Altman

You know, some people just belong in jail.

And some people are in jail…working for the jail.

Well, at least they were…!

Take Gary M., 48, of Berkley, a lieutenant with the Department of Correction in Boston (hereinafter, the “Defendant”) for example. He changed seats in the criminal justice arena when he was arrested Wednesday at his home and charged with stealing $100,000 in state funds, firearms and other items from the department for his own use.

The Defendant is now looking at charges of larceny by scheme over $250 and procurement fraud.

“How can a thing like this happen?”, you ask. After all, wasn’t the Defendant supposed to be upholding law and order as an shining example of clean living to those nasty inmates?

Well, maybe. But, according to authorities, his shine has dimmed a bit.

The Defendant had been responsible for the purchase of firearms, ammunition and other specialized equipment since 2002. Only thing is, though, he was supposed to be getting the stuff for the Department of Correction…not himself. He is now accused of buying numerous such items, including five 40-caliber handguns, a machete, a hunting bow and a baseball pitching machine, for himself .

Investigators also allege that between 2004 and 2008, the Defendant falsely reported the value, cost and quantity of equipment department officials believed they had paid for by misrepresenting invoices he had produced. He is also accused of knowingly submitting invoices for more merchandise than he actually used or needed and then using the difference in value as credit to buy items for himself, such as a baseball pitching machine, a motorcycle/ATV trailer, cameras, hunting equipment, firearms and other items. By employing this scheme, he allegedly caused the DOC to be improperly charged by the distributor for supplies that were never received by the DOC.
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November 19, 2008

Massachusetts Juvenile And Adult Turn To Weapons And Assaults To Handle Emotional Issues

by Altman & Altman

Where do people learn such animosity?

Today’s daily blog involves two stories that have to do with dysfunctional family situations. We start with a story from Brockton, Massachusetts, where a 15-year old juvenile (hereinafter, “Juvenile Defendant”) now faces charges for an apparent “teddybearicide”.

Now a guest of the Commonwealth, at least until Thursday, Juvenile Defendant has thus far been charged with possessing an explosive device and disturbing the peace. Additional charges may be forthcoming.

It all began Monday evening when local police and the state police bomb squad responded to a 911 call reporting a potential explosive device that had been attached to a teddy bear and left on Florence Street that afternoon, a fire official said.

“It was a plastic bottle that had a solution inside the bottle that was mixed in a way that, after a period of time, it would explode,” Deputy Fire Chief George Phillips said. “A teddy bear was wrapped around the plastic bottle and it was left in the street.”

A representative from the state fire marshal’s office also responded, Phillips said.
It took authorities about 30 minutes to detonate the device with a robotic machine designed to disarm explosives, Phillips said.
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November 18, 2008

Burglaries Abound Throughout Massachusetts

by Altman & Altman

As we drift ever closer to Thanksgiving, it would appear that some people are ready to name the pre-holiday weeks as Thanks! Taking!

In other words, there has been a rash of burglaries throughout the Commonwealth recently.

One rather enterprising culprit is believed to have cut a hole into the roof of a pharmacy in Swampscott, Massachusetts, thereafter stealing some prescription drugs.

It has not been revealed the nature of these drugs…whether they were sedatives for dealing with the holiday jitters, stimulants to help one work overtime in order to afford better Christmas gifts or, simply, a variety of goodies to sell on the street. One thing we do know, however, is that the burglary has left the local law enforcement baffled.

Police said they have no idea how the suspects scaled the walls of the building, but once they got on the roof, it is clear they used a power tool to saw a hole through the sheet metal. They then lowered themselves into the pharmacy. A second hole about the same size, believed to be the exit, was discovered in the wall of the store, according to police.

“Any time someone goes to that extreme you have to wonder just how dangerous they could be if you were to come in contact with them,” said a concerned customer.
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November 17, 2008

Assault On Police And Threats Of Violence Alleged At Massachusetts School

by Altman & Altman

Remember the old cliché “The apple does not fall far from the [alleged] tree”? Well, this North Attleboro tree is apparently growing in the local district court on the criminal justice side of the street.

Last Thursday, a 48 year-old single mother, (hereinafter, ” Mommy Defendant”), was arrested and ordered to stay away from the North Attleboro Middle and High school after she allegedly threatened the middle school principal. This alleged event took place after her son (hereinafter, “Sonny Defendant”), was arrested for an unrelated incident at the school.

Mommy Defendant is said to have driven to the middle school and made threats to kill Principal Victoria Ekk with a gun while in the school office in front of onlookers. Mommy Defendant, however, denies the charges and has pleaded “not guilty” to threats of uttering threats to kill, disturbing a school assembly and disorderly charges.

Her lawyer described Mommy Defendant as a hardworking woman trying to raise a family while working two jobs to make a living. “She has no gun. She doesn’t even know how to use a gun. She’s a single mother struggling to pay bills and raise three children,” the lawyer said.

In fact, school officials had determined before police arrived that Mommy Defendant had no weapon, according to a police report.

Mommy Defendant’s lawyer also described the scene a bit differently, indicating that she had gone to the office calmly and denies making threats or causing a disturbance.
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November 6, 2008

Breaking And Entering And Maybe Drugs Lead To Murder Charges Plus One In Massachusetts

by Altman & Altman

This one isn’t so funny. It involves the type of tragedy that happens all the time, particularly in urban areas. Of course, this one has a couple of twists.

This wasn’t the big city…it was Winchester, Massachusetts. In a peaceful dead-end street lined with single and multifamily houses where residents have lived for generations. Chris and Bryan Barbaro were two brothers living on the same street where they were raised. The same street where their parents and sister still live.

Now, they are both dead.

In October, 2007, Wally S., 30 (hereinafter, the “Defendant”) allegedly kicked in the door and forced his way into the Barbaros’ three-family home and shot 48-year-old Bryan Barbaro in the chest, a wound he survived after being rushed to Massachusetts General Hospital. Brother Chris was shot in the forehead and died at that time.

Despite being wounded, Bryan Barbaro was able to call 911 and report that both he and his brother had been shot, officials said.

Although Assistant District Attorney Nathaniel Yeager told the court that 50-year-old Chris Barbaro was killed by the gunshot to the forehead, the Defendant was not immediately charged with the murder.
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November 2, 2008

Massachusetts Man in Wheelchair Was Sitting on Guns, Say Boston Police Following Illegal Weapons Possession Arrest

by Altman & Altman

In Massachusetts, Boston police made six arrests in connection with a robbery. One of the men who was apprehended, 22-year-old Edwin J. Prosper, was charged with several counts of unlawful weapons possession after police caught him sitting on three 9mm semiautomatic handguns while in a wheelchair. The arrests occurred on Saturday as Boston police officers were investigating an armed robbery report involving two men who say that a group of men confronted them and stole their cell phones.

The robbery victims chased their assailants to an apartment building on Pilsudski Way, where they were held at bay by two people with guns. The victims then ran from the scene but returned with police who entered the building and brought out six males and three females.

Only Prosper was apprehended with any weapons in his possession. One of the handguns he was sitting on has laser sight and the other two have high-capacity magazines. At the time of the arrest, Boston police say it was unclear whether the 22-year-old was disabled, hurt, or using the wheelchair as his prop.

Prosper is scheduled to be arraigned at South Boston District Court on Monday. Four of the other men and a 15-year-old boy face charges of intent to rob and armed assault.

Illegal Weapons Possession
In Massachusetts, it is against the law to own a weapon if you don’t have a Firearms Identification Card. In order to obtain an FID, you have to pass a federal NCIS check.

Even if you are arrested for a crime that has nothing to do with the gun in your possession, ou could face criminal charges for illegal weapons possessionif you don’t have the legal paperwork authorizing you to own or carry a gun in Massachusetts.

Boston Police: Man in wheelchair sitting on guns, MSNBC, November 2, 2008
Suspect allegedly hid guns in his wheelchair, Boston.com, November 1, 2008

Related Web Resources:

Massachusetts Law About Weapons, Massachusetts Trial Court Law Libraries
The General Laws of Massachusetts
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October 30, 2008

Rap Star Dissed By Boston Weapons Check

by Altman & Altman

My daughter went to the “Monster Jam” concert the other night at the Banknorth Garden in Boston, Massachusetts. I don’t know if it was so named because it took place during Halloween week, but, if so, it was appropriate. She had been excited in the weeks leading up to the show at the prospect of seeing the monster stars that were slated to perform. One such creature, however, disappointed her and her fellow fans.

While 20,000-plus fans chanted “We want Weezy,” Lil Wayne (“Weezy”) sat on his tour bus, indulging his monster ego, “throwing a hissy fit,” according to the Boston Herald, whining to his manager that he didn’t want to go onstage at the show.
“People were begging and pleading with him to go on,” we are told. “But he was [angry] and possibly drunk. He kept complaining that ‘Boston is dissin’ my people.’ It was totally bizarre. Kind of surreal.”

Most horror stories are.

So, how did they finally coax the creature out his cage to perform for the thousands of fans who had come to see him? They didn’t. Weezy took the sleazy way out – he just stayed hidden in the tour bus, nursing his wounds from the perceived assault to his ego.

What was the terrible offense that Beantown had thrust upon poor Weezy? What was the mammoth diss for which my daughter and her fellow fans had to pay?
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