Boston police were in the South End investigating a case the other day. While doing so they saw someone get out of his car and start shooting. This occurred on Shawmut Avenue just around 9:30 two days ago. Officers chased the man and saw him get rid of his gun. They caught up to him just a few blocks away. The suspect was identified as Kevin Washington from Brockton, Massachusetts. Washington has been charged with Armed Assault with the Intent to Murder and Carrying a Firearm. The case in pending in the Dorchester District Court but will likely be prosecuted in the Suffolk County Superior Court in Boston.
Officers also made another arrest related to this case. They saw Graciano Aponte of Boston put Washington's discarded gun in his pocket. Aponte then tried to conceal the Firearm a few blocks away. Aponte is being charged with a Firearms Offense. He is also facing a charge as a Level 3 Armed Career Criminal. His case will be prosecuted in the Superior Court as well.
Lawyer Defending Gun Cases in Boston
The Armed Career Criminal Act in Massachusetts provides for a very severe punishment. Prosecutions under this statute are becoming more prevalent. The law itself, Massachusetts General Laws Chapter 269 Section 10G(a) states that anyone who gets convicted of carrying a firearm and has been convicted of a Violent Crime or a Serious Drug Crime shall be punished by a state prison sentence. The sentence is a minimum mandatory three year prison sentence and up to fifteen years in jail. The prior offenses must be convictions, not cases that were "Guilty Filed" or "Continued Without a Finding". The term "Serious Drug Offense" is defined as any Federal Drug Crime where the permitted sentence is a maximum of ten years in jail or for any Massachusetts Drug Crime where a maximum prison sentence of ten years is allowed.
As a Massachusetts Criminal Lawyer here is what I find factually interesting about this case. If the police saw Aponte picking up the gun why didn't they stop him right away and seize the weapon? Why let him carry the gun to another location where he supposedly tried to conceal it? Also, how were they able to make these observations while at the same time chasing and apprehending Washington? It really does not make much sense. The shooting occurred at 620 Shawmut Avenue. Aponte was seen hiding the gun at the intersection of Washington Street and Melnea Cass, about one thousand feet away. This is a significant distance to permit someone Carrying a Firearm to travel without making a stop.