For Immediate Release - January 19, 2007

Arlington Man Found Guilty Of Tenth OUI In Christmas Day, 2005 Crash

Today, at Salem Superior Court, Judge David Lowy sentenced John D. McNeill, Jr., 43, of 172 Mystic Valley Parkway, Arlington on charges of operating under the influence of liquor, fifth or subsequent offense and two counts of assault and battery with a dangerous weapon, to wit: a motor vehicle. Before sentencing McNeill, Judge Lowy also found him guilty of a prior-offense portion of the OUIL charge.

A Salem Superior Court jury previously had found McNeill guilty of operating under the influence of liquor, and of the assault and battery with a dangerous weapon charges for his role in a Christmas Day, 2005 collision in which he crashed a pickup truck into an ambulance in Haverhill. Today's trial was required because, pursuant to Massachusetts law, a defendant is entitled to a separate trial in which the Commonwealth must prove that he was previously convicted of operating under the influence of liquor; this evidence is not permitted to be introduced in a defendant's first trial. At today's trial, the Commonwealth proved that the defendant had eight prior convictions for operating under the influence of alcohol in Massachusetts and one such conviction in New York.

The defendant was sentenced to 4 ½ to 5 years in state prison for operating under the influence of alcohol, 6-10 years in state prison for the first count of assault and battery with a dangerous weapon, and 10 years probation from and after the 6-10 year sentence on the second count of assault and battery with a dangerous weapon. Conditions of his probation include, no driving, no alcohol or drugs, random drug and alcohol screening, and attendance at Alcoholics Anonymous. By law the Registry of Motor Vehicles will revoke the defendant's right to operate a motor vehicle for life.

The Commonwealth was represented by Assistant District Attorney Karen Hopwood.
McNeill was represented by Adam Malinowski.




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