Vehicular Crimes

November 19, 2008

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

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 14, 2008

Drunk Driving In Massachusetts – Three Stages Of The Criminal Justice Experience

by Altman & Altman

As we head into another weekend…edging ever closer to the holiday season…a reminder about one of the more common criminal justice pitfalls which people tend to experience. Namely, drunk driving.

Many cases around the subject of Operating Under the Influence have hit the press this past week. Today’s daily blog looks at three of them, all three differing in their stage of the prosecution.

First, let’s look to Yarmouth, Massachusetts, the scene of an interesting arrest scene, particularly if you are a dog lover, Tuesday. Axel, the police department K-9 dog, was called upon to help locate an alleged drunk driver at the Foxwoods Condominiums in West Yarmouth .

Bryan C., 41, of Barnstable, (hereinafter, “Defendant 1”) is said to have crashed his 2001 Monte Carlo deep into the woods off Camp Street around 10 p.m. Tuesday. Police say he then fled the scene.

Strikes one and two.

When officers arrived they found the severely damaged car, but no driver. Police were told by a witness that the lone male driver had crawled out of the vehicle, grabbed an item and ran off.

Police brought in K-9 patrol officer Peter McClelland and his partner Axel to track the suspect. They initially found an opened and cold 12 pack of beer – with four remaining cans – on the side of the road about 200 yards from the crash scene. The track continued and led to the front door of a unit at the condominium complex.

Once found, Defendant 1 told officers he was “having a bad night” and admitted to driving the vehicle.

Strike three. Out.
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November 10, 2008

Arrests Made During Investigations Concerning Juvenile Alcohol And Drug Traffic North And South Of Boston

by Altman & Altman

Friday night was a big night for Massachusetts law enforcement in the prosecution of juvenile alcohol parties and narcotics investigations.

In Danvers, An investigator’s patience paid off as he sat back and watched an alleged drug deal, stopping the car afterwards. He found a wide variety of drugs in the car, police said yesterday.

Danvers Police Lt. Carole Germano said Detective Robert Sullivan was staking out a Newbury Street business at 10:15 p.m. Friday. “He had set up surveillance in the Motel 6 parking lot and he observed a hand-to-hand (pass) and subsequently stopped the vehicle and seized the drugs and currency,” she said.

The stash allegedly found included cocaine, heroin, Vicodin and other prescription drugs inside the car, as well as an undisclosed amount of money.

Darren L., 40, and Twyla H., 27, (hereinafter, “Defendants 1”), both of Lynn, were arrested and charged with conspiracy to violate a drug law, drug violation near a school or park, possession of Class A drugs to distribute, possession of Class B drugs to distribute and three counts of possession of Class C drugs to distribute.

The stop of the car was also occasioned by the driver’s alleged failure to stop at a stop sign, winning her an additional criminal charge.

Meanwhile, in Plainville, Massachusetts, thirteen youths, all under 21 years old, (hereinafter, “Defendants 2”) were having their weekend ruined. They were arrested at a party with underaged drinking Friday night, police said.
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October 22, 2008

Cousin Reveals Massachusetts Drunk Driver Leaving Scene And Attempting Fraud

by Altman & Altman

We are now announcing a special “family plan” for the “Hey, I’ll Bet I Can Make This Situation Worse” club we have spoken so much of in this daily blog.

Lawrence, Massachusetts. July, 2008. A 1997 Honda Civic careens into a fence on Phillips Street. Eduard M., 19, (hereinafter, the “Defendant”), the driver, takes the unorthodox approach – he tells his passengers to follow him and they flee the scene. He then reports the car stolen.

It’s a good start toward individual membership. After all, what’s a simple car accident when you can have charges of leaving the scene and fraud added with very little additional effort?

Clinching this nomination, however, is the Defendant’s cousin, Jose, who then went back to the scene to retrieve his hat.

You see, Jose is a friendly guy and ended up talking about the situation with a resident of the house where the accident had occurred. He told the resident how the Defendant had been drunk, but that his auto insurance would cover damage to the fence.

Lawrence police are a friendly bunch too and one of their officers ended up engaged in the conversation with cousin Jose. So, Jose elaborated on the story. He told the officer that his cousin, the Defendant, was drunk and had a suspended driver’s license, but still insisted on driving five other people home from a party on Kendall Street. Missing a turn at Dorchester and Phillips streets, the Defendant hit the fence instead.
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October 17, 2008

Drunk Driver, Fifth Offense, Says Prostitute Caused The Accident

by Altman & Altman

You know, I think prostitutes are getting a bad rap this week. Yesterday’s daily blog covered a young lady with a record for prostitution being arrest under…curious…circumstances. Today, we examine a case where a prostitute is blamed for something once again…and not for her chosen profession. It is unlikely to end the same way, though.

57-year old Leonard R. (hereinafter, the”Defendant”) had a little problem this past Sunday, apparently when he was returning home in Pittsfield. Well, he did not exactly drive to his home…he drove into his home. His speed is not indicated, but his Toyota Tundra is said to have destroyed a garage door and caused structural damage to the brick building.

According to Central Berkshire District Court records, he was driving with a revoked license. His license had been revoked because of previous drunk driving convictions.

Oh yes, he is also alleged to have been drunk at the time of the collision with his apartment building.

Well, he was now home, after all, so he left the nasty seen and went to his apartment. According to Pittsfield police, he was found “hiding in his bedroom closet”.
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October 14, 2008

Massachusetts Automobile Insurance Fraud Probe Yields White Collar Record Breakers

by Altman & Altman

Have you ever wondered how seriously insurance companies take the possibility of fraudulent claims?

In Lawrence, Massachusetts, the city’s auto insurance fraud task force brought charges against nine people last week…all involving the very same two-car accident.

One method the task force uses for their investigations is to be on the look-out for what they call “frequent flier” cases. “Frequent flier” is the nickname the auto insurance industry labels those with five or more claims in 10 years. Such high claim totals generally raise “red flags” about the credibility of claimants and suspicions about possible fraud. Four of the nine people charged in their latest probe had filed seven or more claims.

The accident took place in January, 2003. As the story goes, a 1996 Honda Accord was driving on Bailey Street when it slid in the snow and through a stop sign at the intersection with Phillips Street, hitting a 1993 Lincoln Mark VIII. Two passengers in the Honda, however, now tell the police that the accident was a fraud. Accident reconstructionists are also of the opinion that the damage could not have been caused as described.

The “red flag” in this case? Well, let’s take the driver of the driver of the Honda, Jose C., 58 (Defendant 1). He has filed 26 auto insurance claims over a 51/2-year period ending in early 2003, including eight for accidents involving injury.

Coincidence, you say? Perhaps he is simply the unluckiest driver in the world. Maybe. But, let’s look at the owner and passenger in the Lincoln, Rita L., 52 (Defendant 2). She has had 22 auto insurance claims over a 12-year period dating back to 1996. Nine of the claims involved car accidents with reported injuries. Defendant 2 claimed to have been hurt in six of those cases.
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October 10, 2008

Massachusetts Driver On Probation Faces Third Round Of Charges For Operating Under The Influence

by Altman & Altman

David K., 38, of Hamilton, Massachusetts (hereinafter, the “Defendant”) is getting points for consistency – negative points. He has just been arrested for his third alleged occasion of driving under the influence. In fact, he also faces bonus points for violating probation because of the arrest. Currently, he is awaiting his final score as a guest of the Commonwealth.

The Defendant came to the attention of police when he was driving just after 2:00 a.m. on Bridge Street in Beverly. Unfortunately, the headlights on his pickup truck were not on. He was pulled over and, during questioning, the officer says he smelled alcohol and noticed that the driver seemed uncoordinated as he fumbled for the registration. When asked if he had been drinking, the Defendant showed the officer a prescription bottle of Trazadone, a painkiller he said he was taking because of surgery to his Achilles tendon two years ago. According to the police report, he also told the officer that he had taken two pills – twice the suggested dosage.

Digesting all of this, the officer checked the Defendant’s information and learned that the Defendant was not even supposed to be behind the wheel in the first place. In addition to a one-year license suspension because of two similar cases last year, his license had been revoked in December for four years by the Registry of Motor Vehicles, which deemed him a habitual offender for some reason.

October 7, 2008

Outstanding Warrants Come Back To Haunt Massachusetts Resident

by Altman & Altman

William Shakespeare once told us that a rose by any other name would smell as sweet. His point was “What’s in a name?” A gentleman from Chicopee, Massachusetts, apparently agrees with him. In Chicopee, he is known as Felix Maldonado. In Waterbury, Connecticut, however, he was known as Alfredo “Eddie” Gonzalez. But to us, as well as the criminal justice system, he is now known as the Defendant.

The Defendant, 43, is currently being held without bail in Connecticut, courtesy of the Commonwealth of Massachusetts, where his various identities were finally meshed. He was returned to Connecticut in August to face 18 outstanding arrest warrants dating back to 1995 and 1996.

He had been alluding authorities for years by moving around and using a variety of aliases and birth dates, police said. After all, what good is a new identity without a new birthdate to go along with it?

October 6, 2008

Boston Driver Creates New Lane And Chaos On Route 93, Adding Multiple Charges To Operating Under the Influence

by Altman & Altman

It would seem that some people are never satisfied. Now that “The Big Dig” is completed, one particular driver was unhappy with the lanes created by the extensive project. Her solution was apparently to create a “speedy-reverse lane”.

Siobhan H, 21 years of age and Norwood of residence (hereinafter, the “Defendant”) was in court this past Friday facing various charges for her ingenuity. She had come to the attention of police when calls were received of a driver traveling on the wrong side of the highway at the Hanover exit on Route 3. She continued in her special lane, traveling almost 20 miles in the wrong direction on I-93 Southbound all the way to Dorchester in her 1998 Chevrolet Malibu. She drove at speeds over 100 miles per hour, according to the authorities.

When the police tried to stop her, she did what one would expect she would do; she tried to out-drive them. During the chase, the Defendant slammed into one car and jersey barriers. Finally, the police blew out her tires through use of “stop sticks”.

September 28, 2008

Massachusetts Judge Suspends Half of Prison Sentence After Danvers Teen Pleads Guilty to Midsdemeanor Vehicular Homicide for Head-On Crash That Killed Elderly Peabody Woman

by Altman & Altman

In Massachusetts, Buck Bishop, the then-18-year-old Danvers teenager who fatally struck 73-year-old Peabody resident Joyce Oliver and injured a Boston-area couple while driving to a methadone clinic last year, has been ordered to serve a 15-month-prison sentence.

Last week, Bishop pleaded guilty to misdemeanor vehicular homicide. He admitted that he crossed the center line and struck the two vehicles carrying the three victims while driving on Route 1 close to the Topsfield-Danvers line on November 16, 2007.

Bishop had previously told police that he blacked out at the wheel and did not remember anything about the accident. According to a drug recognition expert called in by police, the teenager was not driving under the influence of drugs when the accident occurred. Bishop, however, admitted to using cocaine two days prior to the crash.

Prosecutors had pushed to have Bishop serve a full 2 ½ year jail sentence, which is the maximum sentence for his crime. They noted that he had violated the terms of his release on more than one occasion when he tested positive for narcotics and failed to meet with his probation officer earlier this year. As a result, Bishop has been in police custody and held without bail since then.

Judge Robert Cornetta sentenced Bishop to the full-term but suspended half of the time at the request of Bishop’s Massachusetts criminal defense lawyer. Bishop will also serve probation for 10 years and his license has been revoked for 15 years. Bishop, who received credit for the 111 days that he spent in police custody, could be eligible for parole in four months.

If you face criminal charges for a motor vehicle accident in the greater Boston area or anywhere in Massachusetts, you are entitled to the best criminal defense available to you.

Man gets 15 months in crash that killed elderly Peabody woman, The Salem News, September 26, 2008
Teen changes mind about plea in fatal crash, The Salem News, July 8, 2008

Related Web Resource:

Massachusetts General Laws
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