Murder

November 29, 2010

Chelsea Man Arrested in Fatal Stabbing; Police Investigate Another Chelsea Homicide

Dennis Bowen, a 22-year-old Chelsea man, will be arraigned today in Chelsea District Court on charges that he fatally stabbed Carlos Ramirez, a 30-year-old Chelsea man, on Thanksgiving. State police arrested Bowen on Saturday night. Bowen had turned himself in to police after a Chelsea District Court judge issued a warrant for his arrest.

It is alleged that Bowen stabbed Ramirez in the chest outside of 759 Broadway in Chelsea a little bit before 11 a.m. on Thursday. Chelsea Police Captain Keith Houghton told the Boston Globe that several people witnessed the incident and that the stabbing followed an altercation that the police are investigating. State police are looking into the relationship between Bowen and Ramirez as a “key element.” Ramirez was well-known to police and Bowen has a “very limited” record, according to Houghton.

Authorities are also investigating Friday’s discovery of a body in an apartment on Bellingham Street in Chelsea. The owner of the building found the body in the hallway of his first- floor apartment after an employee was unable to get into the apartment for a scheduled cleaning. The victim’s name and cause of death have not been released, but police are conducting a homicide investigation.

Defenses to murder charges are extremely involved and, probably more than any other crime, require the skill of an expert criminal defense lawyer. Here, the alleged altercation will be important (more so if identity isn’t the issue) because it could raise self defense issues or questions about reasonable provocation. The fact the Ramirez was well-known to police could play into the issue of whether Ramirez was the first aggressor or whether a defendant reasonably believed that his life was in danger, but a defendant must always be careful about door opening.

Source: The Boston Globe, Man arrested in Thanksgiving day fatal stabbing as police investigate another homicide
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November 24, 2010

Mattapan Murders Prompted by Drug Robbery, According to ADA

by Altman & Altman

Dwayne Moore was charged yesterday with four counts of murder and with assault with intent to murder in connection with the shooting executions of four people, including a toddler, in Mattapan. Kimani Washington, Moore’s alleged associate, has been charged with gun law violations, and it is unclear whether he will be charged with murder as well.

The incident occurred two months ago on Woolson Street. The city was shocked when two of the victims were found outside the home, the 2-year-old toddler in his partially-clothed mother’s arms. Assistant District Attorney Edmond Zabin told the Boston Globe that Moore and his associate raided a Sutton Street apartment for money, drugs, a television set, and other items. According to the ADA, Moore had lived there before and knew that he could find drugs there. The victims were held at gunpoint and then marched around the corner where they were shot multiple times, the ADA said. These shootings are part of the spike in violence that has caused politicians, police, residents, and others a great deal of fear and frustration.

Police learned about Moore from an unidentified witness. Moore pleaded not guilty in Dorchester District Court yesterday and is being held without bail. Moore was previously convicted of manslaughter and had been released from prison in the spring. After his arrest on Monday, he told police “I can’t go back to jail. You’re going to have to kill me.” the Globe reported.

There is no death penalty in Massachusetts, but Moore is certainly facing the maximum sentence that the law of our Commonwealth allows. Given the brutality of this execution, the publicity it has received and the outrage that it has sparked, it is clear that Moore needs an excellent defense attorney with extensive experience.

Source: The Boston Globe, Murder of four in Mattapan grew out of a drug robbery, prosecutors say
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November 24, 2010

Attorney Sam’s Take: Domestic Violence Turned Murder-Suicide In Lynnfield Was Over The Naming Of A Child

by Altman & Altman

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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November 24, 2010

Killings in Lynnfield were over baby name, police say

by Altman & Altman

Joseph Cummings, 51, allegedly killed his pregnant girlfriend, 35-year-old Kimberly Nguyen, her sister, and himself over the baby’s last name. The two shared a home on Ledge Road in Lynnfield. Allegedly they got into an argument in their bedroom because she wanted to hyphenate the name and he did not. Nguyen’s sister, 29-year-old Lilly J. Nguyen, apparently heard the gunshots and jumped out of a second story window in another bedroom. It is alleged that Cummings fatally shot her from the window as she lay on the lawn and then killed himself.
Kimberly Nguyen’s 12-year-old daughter hid in another room and ran to a neighbor’s house after she heard the last gun shot.

Residents were shocked by the incident as were customers of Nguyen’s East Boston nail salon. One customer told the Boston Globe that she had attended the couple’s baby shower on Friday and that the two seemed to be happy.

A medical examiner is determining whether Cummings had drugs or alcohol in his system. He was not licensed to carry a firearm. Lynnfield police said that they had never been called to the residence for domestic issues before and that there is no record Nguyen filing any restraining orders against Cummings. Cummings did have two restraining orders against him in 1998 and 2000, however.

So far this year, there have been 28 domestic violence homicides in Massachusetts. Domestic violence is a serious problem in Massachusetts and throughout the country, and if you have been arrested for domestic violence, you need an experienced defense attorney on your side. When a person reports domestic violence to police, it doesn’t matter whether or not they want to press charges against you.

Source: The Boston Globe, Police say Lynnfield killings were over baby name
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November 23, 2010

First-Degree Murder Verdict Reached in Chandra Levy Slaying

by Altman & Altman

Nine years after the death of former federal intern Chandra Levy, Ingmar Guandique has been found guilty of two counts of first-degree murder. It took the jury 3 ½ days of deliberations to reach its verdict.

Although prosecutors had originally charged Guandique with nine criminal counts, including first-degree murder, attempted assault and battery, attempted kidnapping, making threats against a witness, and obstruction of justice, all charges except for the two counts of first-degree murder had been dropped by the time jury deliberations began. Charges weren’t filed against Guandique until almost seven years after Levy’s disappearance while jogging in Rock Creek Park on May 1, 2001.

At the time that she went missing, Levy was having an affair with Gary A. Condit, a married congressman, who became the initial suspect in her disappearance. It wasn’t until a year after she was last seen that a man walking his dog through the park found her skull.

Although police did not have any forensic evidence, they eventually charged Guandique, who was already serving time for assaulting two other women, with her murder. Prosecutors based their criminal case against him on statements made by a former cellmate of is who said that in 2006 the 29-year-old admitted to killing Levy and on the fact that Guandique had previously attacked the other women at the same park where Levy had disappeared.

The defense, however, argued that no forensic evidence existed to link Guandique to the crime scene because he did not commit the crime. Another cellmate who testified during his murder case said that Guandique never spoke Levy’s name.

Jury Convicts Ingmar Guandique in Chandra Levy’s Murder, ABC News, November 22, 2010
Jury Convicts Ingmar Guandique in Chandra Levy’s Murder, Washington Post, November 22, 2010

Related Web Resources:
Chandra Levy Murder Trial Begins, Boston Criminal Lawyer Blog
Timeline: Chandra Levy Case, ABC News Continue reading

November 22, 2010

Man Charged in Cold Case New Bedford Murder

by Altman & Altman

Bristol County prosecutors announced today that John Loflin has been charged with the 2002 murder of Marlene Rose, whose body was found on New Bedford railroad tracks. Rose had been strangled.

Until today, no one had been charged in connection with Rose’s death, but forensic science and new evidence have allegedly connected Loflin to her death.

A spokesperson for Bristol County District Attorney C. Samuel Sutter told the Boston Globe that since Sutter took office in 2007, this is the 10th time that his cold case unit has generated an arrest for an unsolved homicide.

This news raises a few criminal defense issues. First, since this case involves forensic evidence, it is important that Loflin find an attorney with the right experts. This can be especially critical, and our attorneys at Altman & Altman LLP have a network of excellent experts. As a related point, given popular television shows about forensic science, things like DNA, fingerprints, and other forensics are often given a lot of weight by juries. These kinds of television shows distort reality in some ways, and many people tend to think that forensic evidence is the sole deal breaker/maker. Our excellent trial lawyers have many years of experience successfully dealing with this phenomenon. Finally, cold cases can present unique challenges, such as locating witnesses, that one of our experienced defense attorneys can help you with doing.

Source: Bristol prosecutors charge man with murdering woman in New Bedford in 2002
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November 22, 2010

Two Dead After Shooting in Jamaica Plain Pizzaria

by Altman & Altman

Two were left dead and two are injured after a shooting in a Jamaica Plan restaurant Sunday night. It happened around 7:30 p.m. at the Sam Old Place on Centre Street. Mario Bailote, the 40-year-old manager of the Restaurant, said that a man came into the pizza place and began to argue with some patrons. The argument escalated into a fistfight and one man pulled out a gun and started shooting. No employees were injured, and police arrived minutes later.

Police arrested one of the deceased on gun charges after the shooting. They are trying to confirm identification information with relatives. Police now have a suspect in custody at a local hospital, but the suspect’s identity is not immediately available.

Some residents of the trendy area have been surprised the events.

Among other things, this suspect is going to be facing serious homicide charges, probably murder charges, and it is in his best interest to speak with an experienced criminal defense lawyer who can help him. If there is no question about his/her identity, then depending on the unclear circumstances, the defense will try to focus on things like intent, excuses or justifications, negligence and other factors going to the level of culpability. Defenses to homicide charges are complicated, and having a defense lawyer at the beginning stages is crucial.

Source: The Boston Globe, Two dead after weekend shooting in Jamaica Plain restaurant
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November 17, 2010

Mutilated Body Found in Milton

by Altman & Altman

A mutilated body was found in an upscale Milton neighborhood on Monday night. Police told the Boston Globe that the mutilation was extensive and gruesome. Residents are shocked that the body was found in their neighborhood, and police are looking into the possibility that the body was dumped there.

The victim was apparently a five-foot-five black man with an athletic build. He has not been identified and his fingerprints don’t match any of those in the state’s criminal record database. He wasn’t wearing a shirt or shoes when his body was found, and he had no wallet on him.

Source: The Boston Globe, Police seek public help in identifying body found in Milton

As the homicide count continues to rise, pressure will mount on law enforcement, especially when horrific crimes start happening in upscale suburbs where people think they are safe. When this kind of pressure mounts, it increases the urgency of investigations and injustice can result.
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November 14, 2010

Newton Teens Face Serious Charges After Waltham Slaying

by Altman & Altman

Two Newton teenagers, 17-year-old Benjamin Peirce and 18-year-old Shaquan Jacobs, were arraigned Wednesday in Superior Court in Woburn on murder, armed robbery and firearms charges. Both pleaded not guilty.

The charges arose from the September fatal shooting of Adam Coveney, a 29-year-old Waltham man. Prosecutors allege that the teens arranged a drug deal with Coveney to rob him of Percocet tablets. Aside from Peirce and Jacobs, two others were allegedly involved. Daniel Louis, a 21-year-old West Roxbury man, and Wallace Duarte, a 17-year-old from Waltham, were arraigned Thursday. Louis faces murder, armed robbery and firearms charges. Duarte was charged as an accessory after the fact to murder.

As you would guess, murder is the most serious of all crimes and is punishable by up to life in prison without the possibility of parole. A conviction for armed robbery could also carry a life prison sentence. The punishment for conviction of firearms charges varies but the penalty is often increased when the gun was used in connection with a robbery. Accessory after the fact is punishable by up to 7 years in the state prison. Facing these penalties, the stakes could not be higher for these young men.

The Boston Globe: Newton teens arraigned in Waltham slaying
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November 8, 2010

Homicide Toll Rises with 2 Killed Over the Weekend

by Altman & Altman

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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