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ASSOCIATED LINKS
Press Releases
The Supreme Judicial Court has reversed a Superior Court Judge's ruling
in Commonwealth vs. Eric Shaughessy
November 20, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -Plymouth County District Attorney Timothy J. Cruz today announced that the Supreme Judicial Court has reversed a Superior Court Judge´s ruling in COMMONWEALTH vs. ERIC SHAUGHESSY SJC-10416, that would have forced prosecutors to reveal the identity of a confidential informant in a drug case. The court also ruled that defendant is not entitled to costs and attorney´s fees.
At issue in this case was whether the Commonwealth´s privilege not to disclose the identity of an informant can be overcome on the basis of an affidavit submitted ex parte by the defendant. The Superior Court Judge ordered the Commonwealth to disclose the identity of the Commonwealth´s confidential informant based on the defendant´s ex parte affidavit for the judge´s inspection and review only, finding that the Commonwealth´s informant privilege was overcome by the defendant´s claim that such disclosure was necessary to a fair trial. The Commonwealth appealed from the order requiring disclosure of the informant´s identity.
The SJC concluded that the use of ex parte affidavits should only be permitted in exceptional circumstances. They found that although there was no error in the judge´s acceptance and review of the affidavit, the judge failed to afford the Commonwealth an adequate opportunity to respond to its essential contents. Before a defendant´s ex parte affidavit can overcome the Commonwealth´s privilege, a judge must afford the Commonwealth some avenue of response. The SJC remanded this case to the Superior Court to afford the Commonwealth the opportunity to respond to a redacted or summary version of the defendant´s affidavit, which is to be prepared by the defendant or his counsel and approved by the judge.
The defendant had also asked for attorney´s fees in this appeal. The Supreme Judicial Court denied the request because no statute or rule permitted such an award of fees in an appeal taken under chapter 211, § 3, particularly where the appeal is not frivolous or unmeritorious.
Plymouth County District Attorney Timothy J. Cruz stated, "We are pleased with the SJC opinion in this case. The court has affirmed the necessary and important role that informants have in assisting law enforcement in obtaining evidence in a criminal investigation. At least now before a judge considers taking the extraordinary step of ordering that an informant´s identity be disclosed, the Commonwealth will be given an opportunity to respond to the defendant´s claims."
Autopsies have been completed for the two deaths in Mattapoisett
November 17, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
MATTAPOISETT, MA -Plymouth County District Attorney Timothy J. Cruz and Mattapoisett Police Chief Mary Lyons today announced that autopsies have been completed for the two people that were found dead in their home at 6 Tallman Street in Mattapoisett on November 12, 2009.
The cause of Shirley Battistelli´s death was strangulation and the manner of death has been ruled a homicide. The cause of Joseph Battistelli´s death was a gun shot wound to the head and the manner of death has been ruled a suicide.
After investigation, it has been determined that Joseph Battistelli strangled his wife and then took his own life. No further comment will be made.
Two people found dead in their home in Mattapoisett
November 12, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
MATTAPOISETT, MA -Plymouth County District Attorney Timothy J. Cruz and Mattapoisett Police Chief Mary Lyons announced that two people were found dead today in their home in Mattapoisett. At approximately 2:09 p.m. today, Mattapoisett Police received a call reporting that two people were found dead at 6 Tallman Street, Mattapoisett. Upon arrival at that address, Mattapoisett Officers entered the home and found two people deceased inside.
The scene was secured and State Police Detectives assigned to the Plymouth County District Attorney´s Office were notified and responded to the scene. At this point investigators have confirmed that Shirley Battistelli, (DOB: 10-15-35) and her husband Joseph Battistelli,
(DOB: 2-16-31) were found dead inside of their home at 6 Tallman Street.
Shirley Battistelli was found on the first floor of the home. Joseph Battistelli was found in the basement. He appeared to have hung himself and to have suffered a gunshot wound.
There was no sign of forced entry. Autopsies will be conducted by the office of the
Chief Medical Examiner to determine the exact cause and manner of the deaths. The case remains under investigation by the State Police Detectives assigned to the Office of District Attorney Timothy J. Cruz and the Mattapoisett Police. Investigators do not believe that there is a threat to the general public. No further information is being released at this time and no further comment will be made.
Victim of fatal shooting in New Bedford has been identified
November 5, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
NEW BEDFORD, MA -Plymouth County District Attorney Timothy J. Cruz today announced that the individual who was fatally shot today in New Bedford has been identified as Thomas Garnett (DOB: 5-22-77) of 21 Shawmut Avenue, New Bedford, Massachusetts.
No further information is being release at this time.
Michael Goler-Branch is convicted of Trafficking Cocaine
and is sentenced in Superior Court
November 4, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA - District Attorney Timothy Cruz announced that Michael Goler-Branch, 22, of Dorchester was convicted today of Trafficking Cocaine in excess of 200 grams and Possession with Intent to Distribute Marijuana following a 3 day jury trial in Brockton Superior Court.
Superior Court Judge Jeffrey Locke sentenced the Defendant to no less than 15 years and no more than 15 years and one day in state prison on the trafficking charge, and 2 years in the Plymouth County House of Correction on the Possession with Intent to Distribute Marijuana charge.
The charges stem from the execution of a search warrant at 110 Summer Street, Kingston on December 19, 2006 following an investigation by the Massachusetts State Police Narcotics Unit assigned to the Plymouth County District Attorney´s Office.
Public Safety Luncheons
For Seniors
October 28, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
PLYMOUTH COUNTY, MA - Plymouth County District Attorney Timothy J. Cruz today announced that his office is sponsoring three Public Safety Luncheons for seniors across Plymouth County during the next month.
The goal of the program is to raise public safety awareness for seniors. A Postal Inspector from the United States Post Office will address the seniors in regards to Identity Theft, Mail Fraud and Telemarketing Scams. District Attorney Tim Cruz will address the seniors on recent scams that are prevalent in Plymouth County, and offer suggestions as to how they can better protect themselves from these con artists. He will also explain the File of Life Program to the seniors, and the importance of having this emergency medical information on hand, as well as educating the seniors on prescription drug abuse. Assistant District Attorney Courtney Cahill will be addressing the participants on the problem of domestic violence of elders. There will be a question and answer period after each speaker.
Each participant will receive a folder of resource materials as well as a file of life. A limited number of seniors from each community will be invited to attend. Attendees are chosen by the Director of their Council on Aging/Senior Center.
- The events are scheduled for:
-
Thursday, Oct. 29, 2009 at the Conference Center at Massasoit,
Participating towns are: Abington, Bridgewater, Brockton, East Bridgewater, Hanson, Hull, Rockland,
West Bridgewater and Whitman. - Friday, Nov. 6, 2009 at Isaac's on the Waterfront, in Plymouth Participating towns are: Plymouth, Kingston, Marshfield, Halifax, Duxbury, Hanover, Scituate, Norwell, Hingham, and Pembroke.
- Friday, Nov. 13, 2009 at Lindsey's Family Restaurant, East Wareham Participating towns are: Plympton, Carver, Wareham, Rochester, Mattapoisett, Marion, Middleboro and Lakeville.
Community Assistance
Expo
October 23, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON & PLYMOUTH, MA - Plymouth County District Attorney Tim Cruz will be sponsoring two Community Assistance Expos; one in Brockton and one in Plymouth.
The mission of the Expo is to create an opportunity for the public, as well as service providers, to gather information on important community services and resources that may assist victims of crime.
When a person has been victimized, the crime runs deeper than the criminal act. The criminal act reaches farther into the lives of crime victims. Victims of crime, including domestic and sexual assault, elder abuse, larceny, drunk driving, fraud and identity theft suffer long-term effects that impact their physical and emotional health, family, and often their financial stability. This Expo is an opportunity to learn about the resources within our own community that can assist you with the collateral effects of crime. Whether you are a victim of a crime, an effected family member or a member of a community organization dedicated to assisting victims of crime, this Expo will give you the opportunity to gather information on important community services and resources.
- The Brockton Expo will be held at Massasoit Conference Center on Thursday November 5, 2009 from 2:00 to 6:00 pm. Vendor set up time will be from 1:15 to 1:45, doors open to the public at 2:00.
- The Plymouth Expo will be held at Plymouth Memorial Hall on Monday October 26, 2009 from 2:00 to 6:00 pm. Vendor set up time will be from 1:15 to 1:45, doors open to the public at 2:00.
As a vendor, your organization can participate by distributing literature and/or answering questions regarding your organization´s resources and services.
As a member of the community you will learn information about numerous services in the community that can help you and your family.
The following topics will be represented:
- Housing Assistance Options
- Multi-service/Mental Health Programs
- Fuel & Utilities Assistance
- Domestic Violence Services
- Food Assistance Programs
- Sexual Assault Services
- Employment Services
- Services for Children
- Financial Assistance
- Holiday Assistance Programs
- Assistance with household/Clothing needs
- Substance Abuse Services
- Services for Elders
- Parental Support Services
- Disabled Persons Services
- Legal Services
- Adaptive Equipment Services
- Public Safety Programs
For more information please contact Tammy Dzialo
at the Plymouth County DA´s Office 508-894-6312.
at the Plymouth County DA´s Office 508-894-6312.
Marvin Taitt has been charged in connection with the shooting death
of Steven Saint Louis
October 20, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA - Plymouth County District Attorney Timothy J. Cruz today announced that Marvin Taitt (DOB: 01-01-88) of Brockton has been charged in connection with the shooting death of Steven Saint Louis which occurred on 09-05-09 in the City of Brockton.
On Saturday, 09/05/09, at approximately 0157 hours, the Brockton Police Department received a call for a shooting that had occurred outside of the Progressions Lounge located at 23 Montello Street in the City of Brockton. Upon arrival at the scene, the responding Brockton officers observed that a victim was lying on the ground on the side of the nightclub. The exact location was in front of 80 Franklin Street. The victim, later identified as Steven Saint Louis
(DOB: 06-14-79), appeared to have suffered from numerous gunshot wounds. Witnesses at the scene also advised the officers that the victim had been shot. Emergency personnel arrived at the location and transported the victim to Brockton Hospital where he was later pronounced dead.
On Saturday, 9-5-09 an autopsy was performed on Steven Saint Louis at the Office of the Chief Medical Examiner in Boston. The cause of the death was determined to be multiple gunshot wounds and the manner of death was homicide.
The case has been under investigation by the State Police Detectives assigned to the Plymouth County District Attorney´s Office and Brockton Police Detectives. Witnesses had indicated that Stephen Saint Louis had been involved in a verbal altercation with a black male inside Progressions Lounge. This verbal altercation continued outside Progressions Lounge. At some point the black male with whom Steven Saint Louis was arguing revealed a handgun and fired several shots, striking Steven Saint Louis. The shooter was then seen to flee the area on foot.
Further investigation identified the shooter as Marvin Taitt (DOB: 01-01-88) of Brockton.
Today, following an extensive investigation and search, Marvin Taitt was located in Boston and arrested on an unrelated warrant. He was transferred to the Brockton Police Department where he was charged with murder, illegal possession of a firearm and ammunition, and unlawful discharge of a firearm in connection with the 09-05-09 shooting of Stephen Saint Louis.
The State Police Detectives assigned to the Plymouth County District Attorney´s Office and the Brockton Police were assisted by members of the US Marshall´s Office, members of the State Police VFAS Unit and the Boston Police Fugitive Unit.
Plymouth District Attorney Timothy J. Cruz stated, "The investigators in this case are to be commended for their hard work in solving this murder. I also want to thank the agencies that assisted us today in apprehending this individual, namely the U.S. Marshall´s Service, the State Police VFAS Unit and the Boston Police."
Marvin Taitt will be arraigned tomorrow in the Brockton District Court.
No further comment will be made.
Verizon Wireless and Plymouth County Law Enforcement
Team Up Against Domestic Violence
October 1, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
Contact: Ariane Doud - Verizon
(978) 499-9250 ext. 239
Wireless Phone Collection Initiated During Domestic Violence Awareness Month;
District Attorney´s Office, Police Departments Offer County-Wide Support
District Attorney´s Office, Police Departments Offer County-Wide Support
WILMINGTON & BROCKTON, MA - Plymouth County District Attorney Timothy J. Cruz announced today that his office and Verizon Wireless are again sponsoring a month-long,
cross-county wireless phone recycling drive in support of the Verizon Wireless´ HopeLine® program, turning unused wireless phones into support for survivors of domestic violence.
Throughout October, which is Domestic Violence Awareness Month, HopeLine® collection boxes are placed at police departments throughout the county, the Plymouth County District Attorney´s offices in Plymouth, Brockton, Hingham and Wareham, Brockton City Hall, and the Hingham Lighting Plant. More than 25 police departments have collection boxes including Abington, Bridgewater, East Bridgewater, West Bridgewater, Brockton, Carver, Duxbury, Halifax, Hanover, Hanson, Hingham, Hull, Kingston, Lakeville, Marion, Marshfield, Mattapoisett, Middleboro, Norwell, Pembroke, Plymouth, Plympton, Rochester, Rockland, Scituate, Wareham and Whitman, Mass. Since 2005, the Plymouth County District Attorney´s Office has donated almost 6,000 cell phones and accessories to the HopeLine® program.
"We are excited to work with Verizon Wireless on this important initiative to help domestic violence survivors. Those of us in law enforcement welcome this help from the business community in addressing such an important issue. Verizon Wireless works every day through its HopeLine® program to raise awareness of domestic violence and its consequences at home and in business. The company helps domestic violence agencies obtain the resources they need, while standing shoulder to shoulder with law enforcement to assist survivors at many levels. The donation of wireless phones seems a simple, yet greatly beneficial way for the community at large to get involved with this important cause." said District Attorney Cruz.
At the center of HopeLine® is a phone-recycling program. Verizon Wireless collects no-longer-used wireless phones, batteries and accessories in any condition from any wireless service provider at company stores nationwide. Proceeds from the HopeLine recycling program are used to provide wireless phones and financial grants to local shelters and non-profit organizations that focus on domestic violence prevention and awareness.
Since 2001, HopeLine´s® national phone recycling and reuse program has collected more than 5.6 million phones, awarded more than $6.3 million in cash grants to domestic violence agencies and organizations throughout the country and by the end of this year, will have donated approximately 80,000 HopeLine® phones with more than 270 million minutes of airtime to victims, survivors, and domestic violence organizations.
"Domestic violence touches all walks of life and does not discriminate against age, race or social class. Donating a phone to HopeLine this October is an easy way to support nonprofits that help address this very important issue, especially in this challenging economic climate." said Ken Dixon, Verizon Wireless´ New England region president.
Since 2001, customers have helped Verizon Wireless keep nearly 200 hundred tons of electronic waste and batteries out of landfills by recycling their wireless phones and accessories through HopeLine®.
Amaral Montrond enters a guilty plea
in Brockton Superior Court
September 29, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -Plymouth County District Attorney Timothy J. Cruz today announced that Amaral Montrond (DOB: 7-4-78) pleaded guilty this morning in Brockton Superior Court.
Montrond was on trial for the 9-2-06 shooting which took place on Crescent Street in Brockton. The guilty plea came on the second day of trial.
Montrond pleaded guilty to the following charges:
- 3 counts of Assault and Battery with a Dangerous Weapon
- 3 counts of Armed Assault with Intent to Murder
- 1 count of Unlawful Possession of a Firearm, Subsequent Offense
- 1 count of Unlawful Possession of Ammunition
Defense counsel recommended that Montrond be sentenced to 5 years to 5 years and 1 day in State Prison. Judge Elizabeth Donovan sentenced Montrond to 5 years to 5 years and 1 day
in State Prison.
Montrond is also awaiting trial for the August 7, 2007, shooting of Carlita Chaney.
Vernon Carter is charged in fatal shooting in Wareham
September 7, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
WAREHAM, MA -Plymouth County District Attorney Timothy J. Cruz and Wareham Police Chief Richard M. Stanley today announced that Vernon Carter (DOB: 07-20-89) of New Bedford has been charged for the shooting death of Scott Monteiro which occurred
in Wareham on Saturday, September 5, 2009.
At 00:37hrs on Saturday, September 5, 2009, the Wareham Police Department received a call of a disturbance at 24 Elmwood Street in the Parkwood Beach area. While officers were responding to the scene they received further information that a man had been shot.
Emergency Medical Services were requested. When the first responding officers arrived at the scene they found a male victim, later identified as Scott Monteiro (DOB: 07-23-88) of 74 Myrtle Street, New Bedford. Monteiro was inside the house suffering from what appeared to be a gun shot wound to the head. Wareham EMS transported Monteiro to a local hospital. He was then transported by Med Flight helicopter to a Boston area hospital where he was pronounced dead on Saturday afternoon.
The case has been under investigation by the State Police Detectives assigned to the Plymouth County District Attorney´s Office and the Wareham Police Department Detective Division. As a result of the ongoing investigation it was determined that Vernon Carter arrived at a party at 24 Elmwood Street at approximately 11:30 p.m. Friday, September 5, 2009. While at the party, Carter demanded a chain necklace from Sheldon Santos (DOB: 02-12-92) of 4 Dusty Lane, Onset, at gunpoint. Carter then shot Scott Monteiro when he tried to intervene.
Vernon Carter was arrested by the State Police in New Bedford at approximately 4:30 p.m. Sunday, September 6, 2009. He is charged with 1st Degree Murder, Assault and Battery with a Dangerous Weapon (to wit a handgun), Assault with Intent to Rob, Unlawful Possession of a Gun, and Unlawful Possession of Ammunition.
After Carter´s arrest District Attorney Timothy J. Cruz stated, "This was a senseless and violent crime that took the life of a young man. I want to commend the witnesses who did the right thing and came forward to help investigators solve this case. I also want to commend the hard work of the investigators from both the Wareham Police Department and the State Police Detectives assigned to my office. They worked tirelessly over the last several days to find the person responsible for Scott Monteiro´s death. Chief Stanley and the residents of Wareham are right to be proud of the work that has been done."
Wareham Chief Richard M. Stanley said, "A tremendous amount of teamwork went into this investigation by members of the Wareham Police Department and the State Police Detectives assigned to the Plymouth County District Attorneys Office. The staff of both agencies worked literally day and night over the holiday weekend to build the case, make an arrest and take this dangerous individual off the street. Residents of our community are grateful for these efforts and that of the fine work of District Attorney Timothy Cruz and his staff."
Vernon Carter will be arraigned Tuesday morning in the Wareham District Court. No further comment will be made at this time. District Attorney Cruz and Chief Stanley will be available for comment at the Wareham District Court following the arraignment Tuesday.
Fourth Annual
Plymouth County Children´s Advocacy Center
Charity Golf Open
August 31, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -On Monday August 24, 2009, Plymouth County District Attorney
Timothy J. Cruz and Brockton Area Multi-Services, Inc. (BAMSI) cosponsored
the 4th Annual Plymouth County Children´s Advocacy Center Charity Golf Open.
The tournament was held at the beautiful Ocean Course at New Seabury Golf Club
in Mashpee Massachusetts.
This year over 117 golfers took to the links. District Attorney Cruz was joined by legendary Boston Bruin Bobby Orr, Worcester District Attorney Joseph Early, Essex District Attorney Jonathan Blodgett, and Barnstable County District Attorney Michael O´Keefe.
The Charity Open supports the Children´s Advocacy Center (CAC) located in Brockton but serving all of Plymouth County. The CAC is a joint project by BAMSI and the D.A.´s Office to provide a one-stop facility for children who are victims of sexual abuse, physical abuse, or severe neglect. Regrettably, over 400 cases of child abuse are serviced by the CAC each year.
The staff offers quick and comprehensive intervention for these children so that the necessary medical, counseling, and forensic intervention is readily available. The children receive coordinated services from the CAC´s multi-disciplinary team. All services are developmentally and culturally customized to meet each child´s individual needs.
The overall goals of the CAC are:
- Offering services and treatment for children and their families including forensic interviews, advocacy, crisis intervention, counseling referrals, and medical services when appropriate
- Providing multi-disciplinary investigations involving all agencies responsible
for responding to child abuse -
Offering professional training and community outreach to broaden the understanding
of the causes and effects of child abuse in order to provide the best response possible
to allegations of abuse
Anthony Simonelli stated, "Today, when a child comes to our center they receive comprehensive state of the art services under one roof in a child friendly center that creates an atmosphere of safety. Our center offers great hope to victims and is the catalyst that begins the healing process. Our agency BAMSI is proud to partner together with our great Plymouth County District Attorney Timothy J. Cruz and his staff providing this essential community service".
Justin Shine is indicted by a Plymouth County Grand Jury
August 28, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -Plymouth County District Attorney Timothy J. Cruz today announced that Justin Shine will be arraigned on September 1, 2009, in Brockton Superior Court.
On August 21, 2009 a Plymouth County Grand Jury returned indictments against Justin Shine (DOB: 01-21-83) in connection with the June 27, 2009, attack on a young girl in Hanover.
The Grand Jury returned indictments charging Shine with the following crimes:
- Assault with Intent to Rape a Child Under 16
- Kidnapping for the purpose of Sexual Intercourse
- Indecent Assault and Battery on a Child Under 14
- Assault and Battery with a Hypodermic Needle
- Drugging a Person for Kidnapping
- Enticement of a Child
- Resisting Arrest
- Kidnapping of a Child Under 16
No further comment will be made at this time.
Derrick D. Waller is wanted for Murder
August 24, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -Plymouth County District Timothy J. Cruz today announced that DERRICK D WALLER (DOB: 7-28-85) of Brockton is wanted for the August 15, 2009
murder of Delacey Hinton which occurred in the city of Brockton.
On Saturday, August 15, 2009, Brockton Police came upon a man with an apparent gun shot wound to the chest lying on the sidewalk in front of 684 Main Street in Brockton. The victim, who was later indentified as Delacey Hinton (DOB: 09-10-84) of 684 Main Street, was taken
to an area hospital where he was pronounced dead.
An autopsy determined that the cause of death was a single gun shot wound to the chest.
The manner of death was homicide.
The case has been under investigation by the State Police Detectives´ Unit assigned to the Plymouth District Attorney´s Office and Brockton Police Detectives. On August 19th, 2009 investigators sought and obtained a warrant from the Brockton District Court charging Waller
with Murder (M.G.L. 265, Section 1) and Possession of a Firearm without an ID card
(M.G.L. 269, Section 10).
Investigators are seeking the public´s help in locating Waller. His last known address is
52 Ithica Street, Brockton, MA.
Click here to see the attached wanted poster with further information and a photograph of the suspect.
No further comment will be made at this time.
George W. Justen, of Middleboro,
pleaded guilty to a three charge indictment alleging sexual abuse of a child
August 14, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -A 64 year old Middleboro man pleaded guilty on Wednesday in
Brockton Superior Court to a three charge indictment alleging sexual abuse of a child.
On Wednesday August 12, 2009 defendant George W. Justen (DOB: 12-31-44) of
101A Oak Street in Middleboro, changed his plea and admitted he was guilty of the following crimes that were committed in Middleboro between July 2001 and May of 2004:
- Indecent Assault and Battery on Person Under 14
- Dissemination of Harmful Matter to a Minor
- Open and Gross Lewdness
The defendant sexually molested the victim, his nephew, over an approximately three year period, beginning when the child was 10 and ending when he was two months short of his 13th birthday.
The victim´s parents were divorced, and the child was in the physical custody of his mother in Massachusetts. In July 2001, the victim and his mother moved in with the defendant at his Middleboro home. When the mother moved out of the defendant´s home to care for an ill relative, the victim was left in the care of the defendant.
Three years later, the victim´s father, living in PA, petitioned for custody of him. When the father advised the defendant that he would be taking the victim to live with him in PA, the defendant went to probate court and attempted to gain custody of the victim, but failed in his attempt. The child was removed from the defendant´s home and moved to live with his Father and Stepmother in Pennsylvania.
Several months later, the victim disclosed to his family the years of sexual abuse he had suffered in the defendant´s home. After the disclosure, the victim´s Stepmother contacted DSS in Massachusetts, and the Plymouth County District Attorney´s Office conducted an interview with the victim, who detailed the sexual molestations that took place in the defendant´s home in Middleboro. The defendant repeatedly committed Indecent Assault and Battery on the child by placing his hands on the child´s penis and masturbating him. The defendant also repeatedly showed the victim pornographic magazines and movies during this time period. The defendant would also expose his own penis, and masturbate himself in front of the victim. After the molestations, the defendant would tell the victim not to tell anyone, saying that they were family and "you wouldn´t want me to go to jail." The defendant also told the victim that if he told people what was being done to him, "people will think you´re a fag."
The case was the subject of an extensive investigation, during which additional witnesses were identified and interviewed. The evidence included that provided by an alleged "prior bad act" witness, a man who alleged that the defendant sexually abused him for several years in the 1970´s, when he was between the ages of 9 and 11 years. The alleged pattern of conduct was similar to that carried out against the Middleboro victim, in that both children were allegedly shown pornography and were commanded to submit to back rubs by the defendant as a grooming technique prior to the sexual abuse. Another prior bad act witness, who had been placed in the defendant´s home as one of numerous foster children placed in the defendant´s home in the 1970s, described similar grooming techniques by the defendant, and alleged that the defendant would raise inappropriate sexual topics in conversation, and commanded the boy to take his shirt off and submit to back rubs.
The Commonwealth filed several pretrial motions, including one to admit the evidence from the alleged "prior bad act" witnesses at trial. On Tuesday August 11th, the day before the trial was scheduled to begin, the defendant failed to appear for court for the argument of pretrial motions, and the judge issued a warrant for his arrest. Justen was reported to the Middleboro Police by more than one source to be a "missing person," after he couldn´t be contacted, and failed to show up for work at Mac´s Music in Middleboro.
That night, he was arrested on Rt. 106 by West Bridgewater Police just before midnight. Upon being taken into custody, he told the officers that he knew there was a warrant for his arrest, but that he had "no intention to go to court" due to the number of witnesses against him. Upon being brought into court in custody, the defendant changed his plea to guilty on each of the indictments.
Following the defendant´s guilty plea, the case was continued for sentencing to Friday, August 14, 2009. The victim, now 18, returned to Massachusetts for the sentencing, to provide an eloquent victim impact statement, in which he faced the defendant and told Justen "the worst crime a person can commit is one against an innocent child." After the victim´s statement, Assistant District Attorney Thomas Flanagan restated the Commonwealth´s recommendation that the defendant receive a sentence of not less than four and not more than 6 years in state prison, to be followed by ten years of supervised probation, with conditions of probation to include registration as a sex offender and the wearing of a GPS monitoring device to ensure that he complies with the additional condition of having no contact with children under the age of 16.
Defense attorney Michael Zeman cited the defendant´s lack of prior criminal record and health issue in recommending that the defendant serve a short period of home confinement to be followed by a term of supervised probation.
After Judge Elizabeth Donovan heard the respective recommendations, the defendant was sentenced on the Indecent Assault and Battery indictment to two and a half years in the house of correction, with one year to be served, the balance of the sentence suspended for ten years, with the conditions of probation that were recommended by the Commonwealth.
District Attorney Timothy J. Cruz stated, "This defendant is in jail today because of the courage of this victim and the hard work of the Middleboro Police. This victim is to be commended for having the courage to come forward after having suffered such horrific abuse. The Middleboro Police, particularly Sgt. Deb Batista, showed an incredible amount of dedication to this case. Because of their hard work, this defendant is behind bars and the children of this community are safer."
SJC affirms convictions of Eric M. Pimental
August 6, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -Plymouth County District Attorney Timothy J. Cruz announced that on Monday August 3, 2009, the Supreme Judicial Court affirmed the convictions of Eric Pimental for the first degree murder and armed robbery of Thomas Loftus in Wareham on June 9, 2004.
Eric Pimental was convicted on December 1, 2006. The evidence at trial showed that Pimental and a friend punched and kicked Mr. Loftus who was thirty years older than Pimental and approximately half Pimental´s size.
Mr. Loftus did not know Pimental or Pimental´s friend prior to the attack. Mr. Loftus suffered a stomping wound to the chest, a broken sternum, a broken jaw and broken ribs. His broken sternum punctured his heart. He lingered for minutes as the blood poured out of his punctured heart until he died. Pimental knew that Mr. Loftus was suffering and was badly hurt. Instead of getting help, Pimental left the victim to suffer and die, face down in the dirt. Pimental´s friend took Mr. Loftus´ money and belongings. Pimental accepted $70 cash and a cigarette lighter from that armed robbery.
The jury convicted Pimental of first degree murder with extreme atrocity or cruelty and armed robbery.
On appeal the defendant requested that his convictions be reversed because he claimed:
- that he should have been permitted to present evidence of his friend´s prior bad conduct,
- that Pimental´s statements should not have been admitted,
- that the evidence was insufficient,
- that the prosecutor´s closing argument was faulty
- that the jury instructions were incorrect.
The Supreme Judicial Court found that evidence of prior bad conduct by Pimental´s friend would only have shown inadmissible character evidence.
The evidence that Pimental had blamed his friend for the murder and robbery was properly admitted at trial as third party culprit evidence and did not cast doubt on the Commonwealth´s evidence that Pimental and his friend acted together in beating Mr. Loftus to death.
The absence of a recording of Pimental´s statements to the police did not render the statements inadmissible. The evidence that consisted primarily of Pimental´s admissions to the police and his family that he beat and kicked a man and his possession of the victim´s belongings was sufficient to prove his guilt, particularly in light of the physical evidence of the victim´s blood on Pimental´s clothing.
The jury instructions were correct.
The Supreme Judicial Court plainly stated that assault and battery with a dangerous weapon is not a lesser included offense of murder, overruling prior case law on this point, at the Commonwealth´s request.
Nothing in the prosecutor's closing argument required reversal.
District Attorney Timothy J. Cruz
participates in National Night Out Against Crime
August 6, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -On Tuesday, August 4, 2009, Plymouth County District Attorney
Timothy J. Cruz participated in National Night Out. Hosted locally by the Partnership for Safer Communities, this is the 12th consecutive year that the event has taken place.
National Night Out is a year-long community building campaign designed to:
- heighten crime prevention awareness;
- generate support for, and participation in, local anticrime programs;
- strengthen neighborhood spirit and police-community partnerships;
- send a message to criminals letting them know that neighborhoods are organized and fighting back.
Brockton and adjoining communities celebrated with an event at Campanelli stadium which included a resource fair, law enforcement parade, youth activities and free tickets to the 6:05pm Brockton Rox baseball game. It is estimated that over 2,000 participants attended the event.
The District Attorney had the honor of presenting awards in between innings to Jack Alger from Beacon Communities, Staff Sergeant Jermaine Credit US Air Force, Sergeant First Class Sominck Dagostion Jr., and Staff Sergeant Jersouk Touy Mass Army National Guard.
The recipients were recognized for their commitment to crime prevention and the
National Night Out event.
While the one night is certainly not an answer to crime, drugs and violence, National Night Out does represent the kind of spirit, energy and determination that is helping to make many neighborhoods safer places throughout the year.
Significant progress is made by the partnership between
the Plymouth County District Attorney´s
Office, the Brockton Police Department
and the Insurance Fraud Bureau
August 5, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -A joint study released by the Automobile Insurers Bureau of Massachusetts (AIB) and the Insurance Fraud Bureau (IFB) highlights the significant progress made by the partnership between the Plymouth County District Attorney´s Office, the Brockton Police and the Insurance Fraud Bureau.
In April of 2004 the Plymouth County District Attorney´s Office partnered with the Insurance Fraud Bureau and the Brockton Police Department in a creation of a joint task force to attack the problem of fraud in the City of Brockton.
To date, this task force has charged 204 people with insurance fraud and has dramatically dropped the insurance claim level in the city. Prior to the creation of the task force, for every 100 accidents in Brockton there were 90 injuries claims reported to insurance companies - more than double the statewide average. By 2008, that number had dropped to only just over 50 claims for every 100 accidents. In addition, since the inception of this program, premiums have gone down.
The drop in premiums has resulted in over $26 million of savings for Brockton policy holders.
District Attorney Timothy J. Cruz stated, "This joint task force has had a major impact on reducing auto insurance fraud here in the City of Brockton. It has also been a major factor in reducing premiums for policy holders here and across the state. This is a good thing for law enforcement and a good thing for Brockton drivers. We look forward to continuing this successful partnership with the Insurance Fraud Bureau and the Brockton Police".
Brockton Police Chief William Conlon added, "The joint task force the Brockton Police Department has been partnered in with the D.A.´s office and the Insurance Fraud Bureau has been a godsend for the citizens of Brockton. Prior to its inception, Brockton had some of the worst insurance claims in the state, in large part due to fraudulent claims. As a result, Brockton drivers unfairly bore exorbitant insurance rates on their auto premiums. While our officers had suspicion that the claims were out of touch with reality, we lacked the resources needed to concentrate on such investigations. This task force has provided those resources and the results speak for themselves. Finally, the Brockton ratepayers are getting a fair shake and it´s the insurance cheats who are paying the price for fraud. The tables have been turned and we are happy to remain in this strong partnership for years to come."
Dan Johnston, Executive Director of the Insurance Fraud Bureau echoed this sentiment. "This task force approach to fighting fraud in the cities most plagued by this crime has shown success in 13 key cities across the commonwealth. The results in Brockton are among the best, largely because the District Attorney´s office and the Brockton Police department have treated this partnership seriously, have dedicated quality personnel to the effort, and the results speak for themselves. At a time when the economy is struggling, this is great news for honest Brockton citizens."
District Attorney Timothy J. Cruz and Attorney General Martha Coakley
announce Comprehensive
Economic Crime Bill
August 5, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
Bill supported by broad coalition of legislators, prosecutors, law enforcement
BOSTON, MA - Monday -District Attorney Timothy J. Cruz joined with Massachusetts Attorney General Martha Coakley and a coalition of legislators, fellow District Attorneys, and law enforcement organizations, to announce the filing of An Act to Combat Economic Crime, comprehensive economic crime legislation designed to give law enforcement the necessary tools to investigate and prosecute sophisticated criminal activities and enterprises in the 21st century.
The bill, which is sponsored by 12 legislators, District Attorneys, and the Attorney General, specifically updates the law in three areas, including money laundering, enterprise crime, and wire interception.
"This legislation will be an important tool in helping prosecutors to successfully investigate and prosecute white collar and organized crime. We commend and appreciate the Attorney General´s leadership on this issue." said District Attorney Cruz.
"As our economy has struggled in recent years, we have seen criminals engage in more sophisticated, organized, and often large-scale schemes to steal money or otherwise profit from illegal conduct," said Attorney General Coakley. "Crimes such as money laundering and engaging in corrupt business enterprises are very difficult to prosecute at the state level because police and prosecutors simply do not have the necessary tools to investigate such crimes. Particularly as we explore the possibility of expanded gaming in the Commonwealth, it is critical that we have the statutory structure in place to address the types of financial crimes and corruption that may be associated with legalized gaming."
The bill updates the law in three key areas:
- Money Laundering - Money laundering, which entails concealing the source of illegally obtained money, has proven to be critical in the furtherance of large-scale, illegal enterprises such as terrorism, narcotics trafficking and other organized crime, and is particularly prevalent where casino gaming is legal. Among other measures, the bill makes it a crime to knowingly engage in a financial transaction derived from criminal activity with the intent to promote, carry on, or facilitate criminal activity. Under the proposed new law, the crime of money laundering would carry a maximum penalty of six years in State Prison, or up to eight years for a repeat offense. Money laundering is prohibited by federal law and in at least 28 other states.
- Enterprise Crime - The legislation also focuses on traditional and non-traditional criminal enterprises and organizations, including so-called organized crime families and traditional street gangs, organized retail crime rings, identity theft rings, large-scale drug and human trafficking groups. Many of these organizations have sophisticated structures and extensive supporting networks, allowing them to engage in such criminal activities as money laundering, illegal gaming, running drugs and firearms, credit card and identity theft, and other types of fraud. The bill will prohibit patterns of certain crimes committed by corrupt enterprises, allowing the ring leaders and major players, who control and direct the enterprise but often do not partake in the actual commission of the crime, to be deterred and held accountable. Specifically, the bill makes it a crime, through a pattern of criminal enterprise activity or through the collection of an unlawful debt, to knowingly:
- receive proceeds derived from such activity;
- use the proceeds to establish, operate, or acquire any enterprise;
- receive anything of value or acquire any interest in or control of any enterprise; or
- be employed by or associated with any enterprise to conduct or participate in the enterprise by engaging in a pattern of criminal enterprise activity or through the collection on an unlawful debt.
- Wire Interception - Last updated in 1968, the Massachusetts wire interception statute has not been updated to address either the technological advancements in telecommunications, or the changes in the nature and structure of criminal enterprises over the past 40 years. This bill provides much-needed updates to the wire interception law, including adding a definition for "electronic communication," designating new crimes eligible for the use of a lawful interception, and extending the amount of time that a lawful interception can remain open from 15 to 30 days to account for the breadth and complexities of criminal investigations in the 21st century. The bill also allows lawful, court approved one-party consent monitoring and recording of conversations of certain crimes. At this time, 43 states have wire interception statutes, and 35 have one-party consent statutes.
Under the proposed new law, such activity would carry a minimum penalty of five years in State Prison, and a maximum of 15 years. Currently, 32 states have enterprise crime statutes.
In addition to District Attorney Cruz and Attorney General Coakley, this legislation, which was filed Monday, is co-sponsored by:
Senator Steven Baddour (D-Methuen)
Senator Stephen Brewer (D-Barre)
Senator Benjamin Downing (D-Pittsfield)
Senator Mark Montigny (D-New Bedford)
Senator James Timilty (D-Walpole)
Representative James Vallee (D-Franklin), House Majority Leader
Representative Garrett Bradley (D-Hingham)
Representative Katherine Clark (D-Melrose)
Representative Barry Finegold (D-Andover)
Representative John Keenan (D-Salem)
Representative Peter Koutoujian (D-Waltham)
Representative Sarah Peake (D-Provincetown)
Essex District Attorney Jonathan Blodgett
Berkshire District Attorney David Capeless
Suffolk District Attorney Daniel Conley
Plymouth District Attorney Timothy Cruz
Middlesex District Attorney Gerard Leone
Cape & Islands District Attorney Michael O'Keefe
Northwestern District Attorney Elizabeth Scheibel
Bristol District Attorney Samuel Sutter
15th Annual Plymouth County Drug & Alcohol
Resistance Education Summer Program
August 5, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -The Plymouth County Drug & Alcohol Resistance Education Summer Program, sponsored by Plymouth County District Attorney Timothy J. Cruz, the school resource officers and the Plymouth County Drug Education Officers, just concluded after a successful week of summer fun. The program, which ran from July 27th to July 31, is a collaborative effort between the District Attorney´s Office and the Plymouth County Drug Education Officers and School Resource Officers.
The program is a one-of-a-kind experience that blends cultural diversity, education, and fun.
The program is offered to students entering grades 5 and 6 in the fall, free of charge.
The students spent the week learning skills to resist alcohol, tobacco, illegal drugs, and violence, as well as taking part in team building activities such as Olympic events and pick up games of dodge ball, wiffle ball, kick ball and basketball.
They were treated to educational entertainment by Cubey the DJ, Johnny the K and Chris Poulos.
The students also received a visit from the med-flight helicopter and crew. Lunch was provided each day and included a Chinese food buffet, pizza, and a cookout.
This year, 12 towns across Plymouth County participated in our 15th annual program. More than 250 students attended this year´s program which was held at the Whitman-Hanson Regional High School. The children were surrounded by positive role models committed to making the experience as rewarding as possible.
The program combines outdoor activities with Drug & Alcohol Resistance Education lessons to create a unique environment for children to foster growth and respect under the guidance of peer leaders, Drug Education Officers and School Resource Officers from their own communities.
Plymouth County District Attorney Timothy J. Cruz said: "The success of the program is due in large part to the participating Police Chiefs and their officers. They are not only committed to our program, but they are also dedicated to ensuring that the children of Plymouth County are properly educated in order to keep themselves safe from the dangers associated with drugs, alcohol and tobacco."
Steven Haggett is sentenced in Superior Court
July 23, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -Plymouth County District Attorney Timothy J. Cruz today announced that Steven Haggett (DOB: 05-23-81) of Orange Massachusetts, formerly of Whitman, Brockton was sentenced by Superior Court Justice Elisabeth Donovan to six to eight years committed in state´s prison for rape of a child and ten years probation for indecent assault and battery on a child under fourteen; probation to commence after serving the rape of child sentence.
Defendant Haggett was convicted today after a jury trial where the seventeen year old victim testified that Haggett had digitally penetrated her in 2002. The defendant was the boyfriend of the victim´s mother in 2002. Haggett was babysitting the victim while she was home sick from school the day the incident occurred.
The victim disclosed the event to officials in 2008 after a school sponsored "anti-violence week" lecture series at Whitman-Hanson High School. The lecturing sexual assault nurse told the students at Whitman-Hanson that, "one time is one time too many," and "it is never too late to tell someone." The victim was immediately directed to police and the Plymouth County District Attorney´s Child Advocacy Center.
The case was tried by Assistant District Attorney Timothy Shyne.
District Attorney Timothy Cruz presents at the Department of Justice's
Community Capacity Development Office's national conference
July 16, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -On Tuesday, July 14, 2009, District Attorney Timothy Cruz presented at the Department of Justice´s Community Capacity Development Office´s national conference. The conference entitled, "Empowering People, Empowering Neighborhoods" took place in Tampa, FL from July 13-16 and focused on empowering residents and local stakeholders in Weed and Seed communities.
During "Helping Traumatized Children Succeed in Schools and in the Community" workshop, the District Attorney highlighted the success of a collaboration initiated under his and Police Chief William Conlon´s leadership. In partnership with the Brockton Public Schools and the Massachusetts Advocates for Children´s Trauma and Learning Policy Initiative, law enforcement and school personnel have been trained to recognize the signs and symptoms of trauma and respond in a manner that fosters a child's healthy development. While some may feel that prevention is beyond a prosecutor´s scope, the District Attorney demonstrated that coupled with a strong law enforcement strategy, this type of proactive intervention is exactly what Brockton needs to decrease the level of violence in some of the City´s toughest neighborhoods. "Some wonder why a prosecutor´s office is invested in a community´s prevention efforts. My answer to those would be that we must NOT sit by and wait for crime and victimization to occur", stated District Attorney Cruz.
Over 100 participants from across the country participated in this workshop. The District Attorney was joined by Edward Jacoubs, Director of Grants and Special Projects from the DA´s Office, Captain Wayne Sargo of the Brockton Police Department and Joanne Camillo from the Brockton Public Schools.
Weed and Seed is a Department of Justice initiative to "weed" out drug and criminal activities and "seed" in community programs and restoration efforts. Brockton has been a Weed and Seed site since 1999. The program is administered locally by the Plymouth County District Attorney´s Office.
Digital images from the conference are available upon request.
Michael McGunigle has been charged with Manslaughter
July 15, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -Plymouth County District Attorney Timothy J. Cruz today announced that Michael McGunigle, (DOB: 5-19-60), has been charged with Manslaughter in connection with the beating of Brian Cherry (DOB: 5-5-61), which took place in Abington on July 6, 2009.
On Sunday July 12, 2009 Brian Cherry died as a result of his injuries. This morning investigators from the State Police Detectives Unit assigned to the Plymouth County District Attorney´s Office and the Abington Police Department sought and obtained a warrant from the Brockton District Court charging McGunigle with Manslaughter.
McGunigle turned himself in to investigators at 10:00 a.m this morning. He will be arraigned today in the Brockton District Court.
No further comment will be made at this time.
District Attorney Timothy J. Cruz
Supports Safe Places for City Youth
July 1, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -Plymouth County District Attorney Timothy J. Cruz donated $1,000 to the Lincoln Academy, a program of Lincoln Congregational Church in Brockton.
The Lincoln Academy provides youth ages 5-14 with a full day enrichment program for eight weeks during the summer. Activities include educational components, such as career awareness and computer instruction, as well as recreational opportunities for basketball, double dutch and bowling.
District Attorney Cruz supports Brockton´s Promise, a community coalition that works to ensure that all youth have access to Five Promise - Caring Adults, Safe Places, Healthy Start, Marketable Skills and Opportunities to Help Others. The Lincoln Academy program will provide youth with a safe place and caring adults during what is typically a very unstructured time of year.
Cruz understands the importance of these protective factors in helping the City´s youth stay safe and drug free over the summer months.
For more information on Lincoln Academy, please call Jean Brewster at 617-828-7340.
For more information on Brockton´s Promise, please call Heather Arrighi at 508-894-2576.
No Bill returned in the investigation of Dr. Kayoko Kifuji
in relation to the death of Rebecca Riley
July 1, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -On Tuesday, June 23, 2009, a Plymouth County Grand Jury returned
a no bill in the investigation of the actions of Dr. Kayoko Kifuji in relation to the death of
Rebecca Riley.
While there are criminal charges pending in the death of Rebecca Riley, no further comment
will be made.
14 individuals are arrested today
for the sale and distribution of illegal narcotics in the City of Brockton
June 30, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -Plymouth County District Attorney Timothy J. Cruz announced today the arrest of individuals for the sale and distribution of illegal narcotics in the City of Brockton.
The arrests follow a two month long investigation by the State Police Gang Unit, State Police Detective Unit assigned to the Plymouth County District Attorney´s Office, Brockton Police Department, Brockton Police Narcotics Unit, and the Federal Bureau of Investigations.
During the months of May and June, 2009, investigators initiated the investigation which targeted the street level distribution of crack cocaine in the City of Brockton. The investigation involved numerous purchases of illegal narcotics by an undercover state trooper. Following the investigation, State Police sought and obtained arrest warrants for drug distribution and possession with intent to distribute drugs. 14 individuals were arrested today. During the operation, police previously arrested 8 additional people. Of those previously arrested, 4 were additionally charged with firearms offenses. A number of defendants are subsequent offenders and 15 of the charges involved distribution or possession with intent to distribute within a school or park zone.
The arrest warrants were executed this morning in the City of Brockton in a coordinated effort by members of the Massachusetts State Police, State Police Gang Unit, State Police Violent Fugitive Apprehension Team, State Police k-9 Unit, State Police Troop D Community Action Team, the Brockton Police Department, the State Police Detective Unit assigned to the Plymouth County District Attorney´s Office and Massachusetts Parole Officers. Over 65 law enforcement personnel swept the streets of Brockton this morning searching for the wanted defendants.
Additional defendants are still being sought by authorities. Their names are not being released.
The investigation was funded largely through the Brockton Weed and Seed grant which is also administered by District Attorney Cruz´s office. Weed and Seed is a Department of Justice grant initiative to help communities weed out drug and criminal activity while seeding in community programs and neighborhood restoration efforts.
District Attorney Cruz stated, "The State Police Gang Unit, Brockton Police Narcotics Detectives, and the State Police Detective Unit are to be commended for their hard work in this investigation. Today´s arrests send a strong message that we will not surrender our streets to drug dealers and the violence that they bring. The people of this community are entitled to live peaceful and productive lives with their families, free from the fear of street crime. I cannot emphasize enough that these officers and the officers who assisted in the sweep put their own lives at risk in order to make this city a safer place for families of Brockton."
The following defendants were arrested today or during the course of the operation:
-
Jacques Durand, (DOB: 1-12-87), of 46 Prospect Street, Apt. 2, Brockton, MA
Charges: Distribution of Class D, Second Offense and School Zone Violation -
Santos Serrano, (DOB: 9-12--50), of 117 Bellevue Avenue, #2, Brockton, MA
Charge: Distribution of Class B -
Juvenile, Arrested 5-29-09
Charges: Distribution Class B, School Zone Violation, and Conspiracy to
Violate Drug Laws -
Tyrelle Baker, (DOB: 1-29-88), of 101 Richmond Street, Brockton, MA
Charges: Distribution Class B, School Zone Violation, and Conspiracy to
Violate Drug Laws - Lavarr Antwonn Webster, (DOB 8-25-85), of 9 Palm Pl., #3, Brockton, MA
Arrested 5-5-09
Charges: Unlawful Possession of a Firearm and Ammunition, Possession with Intent to Distribute Crack Cocaine, Second Offense, School Zone Violation - Alexander Andrande, (DOB: 11-26-81), of 135 Nilsson Street, #1, Brockton, MA
Charges: Distribution Class B and Conspiracy to Violate Drug Laws - Eric Alves, (DOB: 12-4-91), of 49 Carter Street, Brockton, MA
Charges: Distribution Class B and Conspiracy to Violate Drug Laws -
Juvenile
Charges: Distribution Cocaine, School Zone Violation, Conspiracy to Violate Drug Laws -
Miguel Ortero, (DOB: 10-18-60), of 9 Palm Pl., 33, Brockton, MA Arrested: 5-29-09
Charges: Distribution Class B, Second Offense, School Zone Violation, Possession with intent to Distribute Class B - Alfred Urbaschak, (DOB: 3-11-57), of 39 Amark Road, Brockton, MA
Charges: Distribution Class A Heroin, Second Offense and School Zone Violation - Filisangelo Silva, (DOB: 12-23-79), of 15 Grove Street, Brockton, MA
Charges: Distribution Class B Crack Cocaine and Conspiracy to Violate Drug Laws - Joanna S. Jarvis, (DOB: 8-21-71), of 1 Moreland Street, Brockton, MA
Charges: Distribution Class B Crack Cocaine and Conspiracy to Violate Drug Laws - Tequan Brown, (DOB: 6-15-92), of 27 Winthrop Street, Brockton, MA
Charges: Distribution Class B Crack Cocaine, Conspiracy to Violate Drug Laws, and Possession with Intent to Distribute Class D Marijuana - Dquame Brown, (DOB: 8-13-90), of 297 Moraine Street, Brockton, MA,
Arrested 5-5-09
Charges: Distribution Class B Crack Cocaine, Conspiracy to Violate Drug Laws, and Possession with Intent to Distribute Class B Crack Cocaine -
Aldwyn Tyrone Brathwaite, of 63 Canton St, Stoughton, MA Arrested 5-5-09
Charges: Unlawful Possession of a Firearm and Ammunition, Possession with intent to Distribute Crack Cocaine, Second Offense, School Zone Violation - Joseph Michael Burke, (DOB: 3-25-99), of 449 N. Main St., Brockton, MA
Arrested: 5-29-09
Charges: Distribution Class B, Possession with Intent to Distribute Class B, School Zone Violation, Conspiracy to Violate the Drug Laws -
Marquis Gibbs, (DOB: 6-16-90), of168 Felton Street, Waltham, MA Arrested 6-5-09
Charges: Distribution of Counterfeit Substance, Poss. With Intent to Distribute Counterfeit Substance, Possession with Intent to Distribute Crack Cocaine, Unlawful Carrying Loaded Firearm with Defaced Serial Numbers, Possession of Ammunition, Resisting Arrest - Jasper Bing, (DOB: 6-6-66), of 78 Huntington Street, #2, Brockton, MA
Arrested 6-18-09
Charges: Distribution Class B, Second Offense, School Zone Violation, Conspiracy to Violate Drug Laws - Nelson Holloway, (DOB: 7-30-82), of 35 Eagle Avenue, Brockton, MA
Arrested 6-18-09
Charges: Distribution Crack Cocaine, School Zone Violation, Conspiracy to Violate Drug Laws, Unlawful Carrying Firearm, Possession of Ammunition - Michael Norton, (DOB: 6-22-89), of 11 Auna Drive, Brockton, MA
Charges: Possession with Intent to Distribute Class B, Second Offense, School Zone Violation - Paulo Fontes, DOB 12/14/83, of 62 Edson Street., Brockton, MA
Charges: Distribution Class B, 5 Counts and School Zone Violation - Patrick Sequeira, DOB 2/15/91, of 21 Tremont Street, Brockton, MA
Charge: Distribution of Counterfeit Substance - 2 counts of Murder
- 6 counts of Armed Assault with Intent to Murder
- Armed Home Invasion
- Armed Kidnapping with Sexual Assault
- 4 counts of Aggravated Rape
- Indecent Assault and Battery
- Unlawful Possession of a Firearm
- Unlawful Possession of Ammunition
- Malicious Destruction of Property
Darrin A. Harvey of Evansville, Indiana is convicted
of Rape and Indecent Assault and Battery of a person over 14
June 30, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -Plymouth County District Attorney Timothy J. Cruz today announced that Darrin A. Harvey, AKA Darrin A. Young, (DOB: 01-21-65) of Evansville, Indiana, was found guilty Friday of Rape and Indecent Assault and Battery of a person over 14. On Monday, a Justice of the Superior Court (J. Locke) found Harvey guilty of a subsequent offense of rape stemming from a prior rape conviction from 1992 in Georgia.
Following a 5 day jury trial in Brockton Superior Court, the jury deliberated for 9 hours over two days before returning the guilty verdicts. The defendant was found not guilty of Aggravated Rape (3 counts), Rape - Subsequent Offense (3 counts), Assault with Intent to Rape, Assault and Battery with a Dangerous Weapon (2 counts), Assault and Battery (3 counts), Indecent Assault and Battery Person over 14, and Threat to Commit a Crime.
The charges arose from a January 29, 2003, attack on a 17 year old girl in Brockton. At around 9:00 p.m. the victim was walking on Belmont Street when she encountered the 38 year old defendant. Unknown to the victim, the defendant was a registered sex offender. The defendant brought the victim behind a home at 200 Boylston Street and sexually assaulted the girl. After the attack the defendant ran away and the victim ran to the street for help. A woman called 911 and the police responded to the scene. The victim underwent a SANE examination the following day at Brockton Hospital. Physical evidence was collected from the rape kit and was sent to the State Police Crime Lab. In 2007, the defendant resided in Indiana and a CODIS search initiated by the Indiana State Police linked the DNA profile from the Brockton Hospital rape kit to the DNA profile of the defendant.
The case was investigated by Patrolman Scott Landry and Detectives Eric Clark, Jacqueline Condon, and Patrick Donohue of the Brockton Police Department.
The case was prosecuted by Assistant District Attorney Michael Scott.
The case was tried before Justice Jeffrey Locke. Following the guilty verdicts the defendant was sentenced to 9 to 12 years state prison with 7 years probation from and after his release from prison. During probation, the defendant must annually register as a sex offender and wear a GPS monitoring device. The Commonwealth had requested a 30 to 50 year prison sentence.
Thomas Mercado of Brockton
is convicted of First Degree Murder
June 30, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -Plymouth County District Attorney Timothy J. Cruz today announced that Thomas Mercado (DOB: 10-15-84) of Brockton was found guilty yesterday of First Degree Murder for the February 7, 2006, shooting death of David Gomes (DOB: 3-30-76) in Brockton.
Following a 5 day jury trial in Brockton Superior Court, the jury deliberated for 5 and 1/2 hours before returning the guilty verdict.
The charges resulted from an incident in the second floor hallway of the apartment building at 88 North Main Street in Brockton where the defendant shot the victim five times with a 9m.m. handgun just after midnight.
The case was investigated by the State Police Detectives assigned to the Plymouth County District Attorney´s Office and Brockton Police Detectives. Trooper Robert Clements SPDU and Det. George Almeida of the Brockton Police were the lead investigators.
The case was prosecuted by Second Assistant District Attorney Michael O´Connell and Assistant District Attorney E. Russell Eonas.
The defendant was located by police thirteen months after the homicide in a Puerto Rican prison under another name. The handgun was not recovered.
After the guilty verdict, the defendant was sentenced to life in prison without the possibility of parole by Judge John P. Connor Jr.
Victim of the fatal fire in Plymouth is identified
May 18, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
PLYMOUTH, MA -Plymouth County District Attorney Timothy J. Cruz today announced
that the victim of the fatal fire that occurred at 13 Lydia Drive in Plymouth last night has been identified as Alice Langley (DOB: 7-14-39) of that address.
The case is under investigation by the State Police Detectives assigned to the Plymouth County District Attorney´s Office along with the Plymouth Police Department, The Plymouth Fire Department, and the State Fire Marshal´s Office. The cause of death is pending autopsy results.
The cause and origin of the fire is pending investigation.
No further comment will be made at this time.
Keith Luke is arraigned in Superior Court
May 6, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -Plymouth County District Attorney Timothy J. Cruz announced that
Keith Luke (DOB: 3-18-86), of 1177 Pleasant Street in Brockton, was arraigned today in Brockton Superior Court on the following charges:
He entered pleas of not guilty to the charges. He was ordered held without bail. The next date is June 10, 2009 for Pretrial Conference in Brockton Superior Court.
No further comment will be made at this time.
Investigation concluded
into the fatal shooting of Jeffrey Curran
May 4, 2009
Contact: Bridget Norton Middleton
(508) 584-8120
BROCKTON, MA -Plymouth County District Attorney Timothy J. Cruz today announced that his office has concluded their investigation into the December 23, 2008 fatal shooting of
Jeffrey Curran (DOB: May 17, 1969) by Plymouth Police.
As a result of the investigation, which included numerous witness interviews (some of which were conflicting), a review of autopsy results, examination of the scene, ballistics results and physical evidence, it has been determined that the use of force by Officer Brian McNeely and
Officer James LeBretton was lawful.
Under the law, an officer can use deadly force to accomplish an arrest if he or she has probable cause to believe that a suspect poses a threat of serious physical harm to the officer or anyone else. Here, the two Plymouth Police Officers involved had probable cause to believe that Curran not only posed a threat of serious physical harm to them, but further, that he posed an immediate deadly threat to them and to the others present.
The investigation determined that on December 23, 2008, at approximately 11:44 p.m.
Plymouth Police received a call reporting a domestic disturbance at 340 Ship Pond Road in Plymouth, Massachusetts. Plymouth Police Officers Brian McNeely and James LeBretton were dispatched to that address. They arrived separately at the residence approximately five minutes later and were directed to the basement by Curran´s 16 year old daughter. In the basement the officers had contact with Lisa Curran, the 38 year old wife of Jeffrey Curran. At that time the officers learned that Jeffrey Curran was behind a closed door leading to another portion of the basement.
The officers entered the finished portion of the basement while speaking with Lisa Curran and her daughter. Officers learned from Lisa Curran that her husband had a shotgun in the room and had threatened to use it. Officer LeBretton heard what he believed to be a shotgun being loaded behind the closed door where Jeffrey Curran was located. The officers requested that
Lisa Curran and her daughter seek cover. The officers then forced open the door and announced themselves. They observed Jeffrey Curran seated directly across from the now open door holding a 12 gauge shotgun between his knees. Upon seeing Jeffrey Curran stand and raise this weapon towards them, fearing for their safety and the safety of the other occupants,
Officer McNeely and Officer LeBretton discharged their weapons striking Mr. Curran.
The officers radioed "shots fired" with a request for medical assistance. The officers then rendered medical assistance to Mr. Curran while waiting for medical personnel.
Officer LeBretton observed the shotgun to be locked and loaded with the safety off. At that point, Officer LeBretton unloaded the shotgun, which contained three live shotgun shells.
Jeffrey Curran was subsequently taken by med-flight helicopter to Beth Israel Hospital in Boston where he was treated for gun shot wounds to the left upper chest, right groin and left wrist. He was under arrest for the charges of Assault with a Dangerous Weapon and Domestic Assault and Battery.
Witnesses indicated that Lisa Curran had called crying and intoxicated shortly before the shooting and stated that her husband, Jeffrey Curran, had beaten her up. Investigators noted that when they arrived at the scene, Lisa Curran appeared to be intoxicated and had a fresh abrasion on her face, a contusion on her chin and a chipped tooth.
Mr. Curran was pronounced dead at 7:13 A.M. An autopsy conducted by the Office of the Chief Medical Examiner determined that the cause of death was a gunshot wound to the torso.
The medical examiner observed three gunshot wounds. One wound was to the left side of the chest. Based on the wound, the medical examiner determined that the projectile that caused the wound traveled leftwards and backwards. There was no up or down trajectory involved in this wound. A deformed medium caliber gray jacketed lead bullet was recovered from this wound.
A second wound was to the lower right abdomen. Based on the wound, the medical examiner determined that the projectile that caused the wound traveled leftwards, backwards and slightly downwards. A partially deformed copper jacketed medium caliber bullet was recovered from this wound. A third wound was to the top of the left wrist. The projectile entered the left wrist and exited out under the left forearm. Based on the wound, the medical examiner determined that the projectile that caused the wound traveled forwards, upwards and slightly rightwards.
A fragment of lead was recovered from this wound. The medical examiner indicated that trajectory of the wounds is very consistent with Mr. Curran having been in a standing position.
He could not rule out that Curran could have been seated provided that he was leaning backwards.
Ballistic examination of the shotgun used by Jeffrey Curran determined that it was a 12 gauge, MOSSBERG, MAVERICK, model 88, pump action shotgun. Minor exterior damage was observed to the right rear sight of the firearm. The three live shotgun shells unloaded from the shotgun by Officer LeBretton were recovered from the basement floor. In addition, ballistics reported that one .40 caliber discharged cartridge casing was fired from Officer LeBretton´s weapon and two .40 caliber discharged cartridge casings were fired from Officer McNeely´s weapon. An examination of the projectiles recovered from the autopsy indicated that the projectile from the wound to the left side of the chest was insufficient for identification or elimination, the projectile from the wound to the lower right abdomen was inconclusive, and the fragment from the wound to the wrist was unsuitable for comparison purposes.
