Kenneth Tozier of Methuen, Massachusetts was charged with Kidnapping a thirty four year old Lawrence woman. The woman made a call to police on Sunday around 5:30. It is alleged that the man and woman who have a child together were arguing about their relationship. The victim’s call alerted the police to the make of the car Tozier was driving as well as its location. The woman told the police that the couple had travelled from Lawrence to Boston and that Tozier would not let her out of the car. Tozier was apprehended in South Boston where he was arraigned yesterday morning. Bail was set at seven hundred fifty dollars. The district attorney recommended a bail of one hundred thousand dollars. The case will likely be prosecuted in the South Boston District Court.
It is likely that the defendant was charged under Massachusetts General Laws Chapter 265 Section 26. That statute makes it a crime for anyone to forcibly seize a person or confine someone against the person’s will. The crime is a felony and is punishable by up to ten years on state prison. If a Firearm is used during the commission of this crime there is a ten year minimum mandatory sentence that the defendant must serve.
Despite the purported seriousness of the allegations, the factual underpinnings of this case suggest that the prosecution will take place in the district court where there is a maximum house of correction sentence of two years. Here is why. The couple have a child together. According to the police the defendant admitted that for a moment he just “lost it”. This is not the type of conduct that warrants a state prison sentence or a prosecution in the superior court. I would imagine that once the dust has settled the woman will not want to see Tozier incarcerated. If he does not have a criminal record the possibility of a continuance without a finding exists. Sometimes an anger management class will accompany the cwof. If the woman remains fearful of the defendant perhaps a Restraining Order will issue or the Court will require the defendant to stay away from the victim. It does appear however that this case can be resolved favorably to the defendant. Clearly the judge realized this when he set a bail ninety nine thousand two hundred fifty dollars below that the district attorney was requesting. This is a perfect example that not all crimes are as serious as initially reported. This makes it necessary that anyone charged with a crime immediately contact an experienced criminal defense lawyer. Here, Tozier’s lawyer did a great job for him, getting a reasonable bail set at his arraignment.
The Law Offices of Stephen Neyman has over twenty fours experience defending people accused of crimes throughout Massachusetts and the country. There is no crime we do not defend. You can reach our office anytime by calling 617-263-6800 or by emailing us.