This past Monday night Malden, Massachusetts police stopped a car that had been reported stolen in Brockton. After removing a passenger from the car the driver struck two police officers with his vehicle and pinned another officer against a parked vehicle. Two suspects, James Calo of Malden and Mark Dwyer of Framingham were arrested. A third suspect, Alexander Nesom was shot and killed by police officers. Dwyer initially evaded apprehension but was caught less than twelve hours later. When the police were able to stop the vehicle they found four bags of heroin on Calo. Charges of receiving motor vehicle and possession with the intent to distribute heroin are pending in the Malden District Court.
One charge not mentioned in the article that I would think would issue is assault with the intent to murder. If the driver of the car deliberately drove into the three police officers he hit he can be charged with this crime. Assault with the intent to murder is a crime pursuant to Massachusetts General Laws Chapter 265 Section 18. This crime is a felony and is punishable by up to twenty years on state prison. This crime must be prosecuted in the Superior Court. To prove armed assault with the intent to murder the government must proved beyond a reasonable that the defendants 1) committed an assault; 2) having a specific intent to kill the victim; and 3) that they did so acting with malice, which is defined as an absence of justification or mitigation. In cases such as this one the driver defends these charges by presenting evidence that he never intended to strike the officers with the vehicle, rather that he was trying to make his escape. The passenger’s defense will embrace his lack of knowledge as to the actions that driver ultimately took.
Our office has been defending people accused of committing Violent Crimes in Massachusetts for over twenty years. Call us now at 617-263-6800 or online to discuss your criminal case.