Articles Posted in Motor Vehicle Crimes

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After a Clerk’s Hearing in the Newburyport District Court Alan T. Pearsall, of West Newbury, Massachusetts was charged with Motor Vehicle Homicide. On June 25, 2009 Pearsall was involved in an accident with a motorcycle that ended in the death of Haverhill, Massachusetts couple Earl and Maryella Morris. It was reported that Pearsall crossed over the center of the street to avoid a bicyclist. In doing so he entered lane in which the Morris’ were traveling. A police accident reconstructionist formed the opinion that Pearsall was attempting to get back into his lane of travel and that the Morris’ tried to avoid the collision by putting the motorcycle on its left side. Apparently Morris denied being at fault when interviewed by police at the scene. Morris was surprised when police accused him of being in the wrong lane of traffic at the time of the crash. He is being charged with Motor Vehicle Homicide in the Newburyport District Court.

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Motor Vehicle Homicide Charges Issued Against Massachusetts Man Involved In Fatal Collision

The standard for issuing Criminal Complaints in Massachusetts is low and Pearsall should not be surpised that he must now defend against serious criminal charges. The standard that the prosecution must show is that there is probable cause to believe that a crime was committed and that the defendant was the person who committed the crime. Clerk Magistrates will often lean towards issuing the complaints particularly in cases like this one where death or serious bodily injury resulted. So now Pearsall has to defend against these charges. How is he going to do this? Without hesitation I would recommend engaging a private accident reconstructionist to determine how the crash occurred. The article seems to suggest that this accident was entirely Pearsall’s fault. There is however no reference to the speed of the vehicles involved. Nor is there any explanation as to why the victims veered left as opposed to right, the seemingly more natural direction to take in an effort to avoid the crash. What if anything did any independent witnesses observe either during or just before the crash? What happened after the crash that might have resulted in Pearsall’s car coming to rest in the position in which it was found? There are hundreds of questions like these that our accident reconstructionists explore when assisting our office in the preparation of defenses in cases such as this one.

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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.

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Shooting Suspects Arrested And Arraigned In 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.

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Last Friday Salem, Massachusetts police received a tip that a certain car was carrying a large amount of cocaine. Police spent the day looking for the car. They eventually found it operating on Washington Street. Officers followed the car and “waited for the driver to commit a traffic violation”. According to the Salem News, the driver, Angel F. Merced Virella, 37, of Salem did just that. He failed to use a signal when turning and he was stopped. Virella did not have a license. He was arrested and charged with operating without a license. The police noticed an excessive amount of air freshener in the car suggesting to them that Virella was trying to conceal a particular odor. The car was towed and a search warrant was obtained. Then came the search of his car which revealed over five hundred grams of a highly pure cocaine in a concealed compartment. Virella has been charged with trafficking over two hundred grams of cocaine.

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Essex County Massachusetts Man Facing Major Cocaine Trafficking Charge

Reading this article several thoughts come to mind. The legality of the stop will no doubt be challenged by Virella’s lawyer. What made the police so certain that by following him around he would commit a motor vehicle violation warranting a stop. Exactly what information did the police have when they were looking for that vehicle? Obviously the information came from an informant but how reliable was that person? What prior dealings, if any did the police have with this individual? Did the car belong to Virella or someone else? Were Virella’s fingerprints on the drugs? Many of these questions will be answered when the district attorney surrenders police reports and related materials to the defense. Virella’s attorney will probably file a motion to suppress the stop and seizure of the vehicle. If this is successful the case will probably be dismissed.

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Christopher Hayes must have thought that he would be inconspicuous shooting up heroin near a convenience store on Lowell Street in Andover, Massachusetts. He was wrong. Police detectives in the area saw Hayes sitting in a 1993 Oldsmobile. They approached the car to see what he was doing. There, in plain view and at 1:00 in the afternoon officers saw Hayes injecting himself with heroin. When he realized who they were Hayes took off. Authorities claim that in the process he tried to run over three detectives. Hayes took off. He then threw the heroin and some drug paraphernalia out of the car. Officers recovered the evidence. Hayes was ultimately apprehended and charged with possession of heroin, possession of drug paraphernalia, assault and battery by means of a dangerous weapon and assault with the intent to murder. Charges are now pending in the Lawrence District Court. Bail has been set at two thousand five hundred dollars.

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Motor Vehicle Charges, Drug Charges For Massachusetts Man Who Assaulted Police Officers

All of these charges can be prosecuted in the District Court. If the cases are kept there the maximum sentence that can be imposed is two and one half years in the house of correction for the crimes of violence, two and one half years for the drug paraphernalia and two years for possession of heroin. These sentences can be imposed consecutively if a judge deems that to be appropriate. The length of the sentence depends on the defendant’s criminal record and the severity of the crime. Factors such as age, level of education and drug dependency often serve as factors that mitigate the severity of the sentence that will be imposed.

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At about 10:30 p.m. police officers in Massachusetts saw what they believed was someone drinking beer in a car in Brockton. The car was pulled over and the driver then took off, speeding all the way to Quincy. The suspect’s car hit a tree near a garage and the driver and one of three passengers were arrested. The driver, Joseph Cooper was charged with operating to endanger, assault with a dangerous weapon and attempted murder. It is alleged that he tried to ram a police cruiser head on. The driver was also operating with a suspended license. One of the passengers was charged with resisting arrest. The other two escaped on foot.

Boston Massachusetts Men Charged With Crimes After Chase

Here is an interesting question. What if anything are the two men who escaped criminally responsibly for? Unless one or both of them were drinking the beer the answer is probably nothing. There is no legal way to charge them with any criminal activity given the facts of this article. While the prosecution typically charges people who accompany the principles as joint venturers there is nothing here suggestive of criminal behavior on their parts. So why did they run? Well, perhaps they had outstanding warrants. Maybe they did not want to get charged with “resisting arrest” as did the passenger. Here is another point. Why was the passenger being arrested? It is difficult to hold any passenger accountable for the conduct of a driver absent some evidence that he or she shared the same criminal intent, desired the same result and stood ready, willing and able to assist in the crime.

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Over the weekend Michael Farfard was stopped for speeding in Worcester County Massachusetts. Police then searched through his eighteen pack of Budweiser beer. In it they found over forty seven grams of cocaine. The charges: trafficking cocaine, OUI, 2nd offense, OUI drugs, using a motor vehicle during the commission of a felony and numerous motor vehicle crimes.

Massachusetts Man Arraigned On Cocaine Trafficking Charges

The drug trafficking charge is the most serious crime that Farfard must defend. The crime of trafficking over twenty eight grams of cocaine in Massachusetts carries a minimum mandatory five year state prison sentence. If there is a school zone violation involved then another two year mandatory sentence must be imposed. In the more rural Massachusetts counties you typically do see have as many school zone charges. In Suffolk County Massachusetts a large majority of drug cases have school zone violations as a component. This is primarily due to the population density in the county and the fact that there are hundreds of schools throughout the City of Boston and Suffolk County.

From this article it appears that the strength of the district attorney’s case will depend on the constitutionality of the search. The prosecution must show probable cause to stop Farfard’s vehicle. They must also show that the police had probable cause to search seize items in Farfard’s car. Even if they are able to show that the search and seizure was within constitutional limits they have to prove beyond a reasonable doubt that the cocaine was Farfard’s and that he intended to distribute the substance.

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Clayton Dawson had an argument with another University of Massachusetts Lowell student. The argument escalated. According to witnesses, Dawson then tried to kill his fellow student by running him over with his car. He then tried to choke him. The victim ended up at a local hospital, was treated and released. Dawson has been charged with assault and battery by means of a dangerous weapon, aggravated assaulted and battery and attempted murder. The case is pending in the Lowell District Court.

See Article: College Student Charged With Attempted Murder After Trying To Run Another Student Over With His Car

Attempted murder is a crime pursuant to Massachusetts General Laws Chapter 265 Section 16. The law states that anyone who tries to murder someone else and is convicted can be sentenced for up to twenty years in state prison. The law requires the district attorney to prove that the defendant committed the act by poisoning, drowning or strangling, or by any means not constituting assault with the intent to murder. Here, it appears that the prosecution contends that when Dawson was choking his victim he intended to kill him by strangulation. This is extremely difficult to prove. My guess is that this case will be kept in the district court. If Dawson does not have a criminal record his lawyer might be able to get this case continued without a finding.

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According to reports, this past Sunday Margaret Greer was in her car at Boston’s Logan Airport when a state trooper asked her to move her vehicle. Greer explained to the trooper that she was waiting for her husband. She was given the option of circling the terminal or parking in a nearby cell phone lot. She chose neither and supposedly struck the officer with her mirror when trying to drive past him. Following that Greer tried to again hit the officer with her car while he was trying to undue her seatbelt to possibly apprehend her. Greer fled and was arrested on the Massachusetts Turnpike shortly afterwards. Now apparently someone working on Greer’s behalf is using Craigslist to find witnesses who saw the incident and are able to corroborate Greer’s version of the events. The message was posted just hours after Greer’s release from custody.

Greer has been charged in the East Boston District Court with assault and battery on a police officer, assault and battery by means of a dangerous weapon and failure to stop for a police officer.

Read Articles: Wellesley Woman Accused Of Striking Trooper With SUV; Portfolio Manager Charged With Crimes Of Violence; Merrill Lynch Executive Using Craigslist To Find Witnesses

So what is the most serious charge here? The assault and battery by with a dangerous weapon. This is a crime under Massachusetts General Laws Chapter 265 Section 15A. Under this case scenario a motor vehicle can constitute a dangerous weapon. A conviction for this crime can result in a state prison sentence of up to ten years if the case is indicted. If this case is kept in the District Court the maximum penalty is two and one half years in the house of correction. My guess is that this case will be continued without a finding and Greer might have to undergo some sort of counseling for anger.

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Amesbury, Massachusetts police had their work cut out for them early Saturday morning when they stopped a 2002 Pontiac sedan operating erratically on Route 110. When Officer David Noyes activated his lights the car’s four occupants started behaving strangely. When he contacted the driver he noticed the smell of alcohol coming from inside the vehicle. Noyes quickly learned that the driver had a warrant out of the Newburyport District Court for an OUI conviction and that he was operating on a revoked driver’s license. The passengers had become unruly and Noyes called for assistance. The responding officers patted down the passengers and conducted a search of the car. During the search the police located a loaded semi-automatic firearm. A small bag of cocaine was found on one of the passengers and two additional bags were located in the car. All four had criminal records including cocaine distribution, larceny of a motor vehicle, robbery and possession of a dangerous weapon. Three of the subjects had pending criminal cases in other courts.

As a result of this incident several charges were filed in the Newburyport District Court including carrying a firearm, possession of ammunition, possession of cocaine, OUI second offense, driving with a revoked license, open container violation and minor in possession of alcohol. Bail for each was set at $25,000 pending arraignment.

Read Article: Boston Men Charged With Drug, Gun Violations, OUI Second After Routine Traffic Stop

Of all the charges these guys are facing the most serious is the gun possession charge. In Massachusetts possession of a firearm is proscribed by Massachusetts General Laws Chapter Section 10. The law states that anyone who carries a firearm without being properly licensed to do so is guilty of a felony. There is a mandatory minimum eighteen month sentence that you must serve if you are convicted of this crime. The firearm charges in this case might be very difficult for the prosecution to prove. All four defendants are charged with possessing the gun. This is because the police were unable to determine who actually possessed the weapon. While there can be a joint venture theory used by the prosecution to attribute possession to all defendants the likelihood of getting convictions of this basis is slim.

Recently in Essex County the district attorney’s office has been fingerprinting firearms in cases such as this. If the prints match up to one of the occupants in the car a conviction against that person becomes more likely. Essex County has a gun court now held in Peabody. This might be where this case is ultimately prosecuted.

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James Routenberg of Westford, Massachusetts has been charged with motor vehicle homicide stemming from an incident that occurred on February 26, 2009.  According to reports, Routenberg lost control of an SUV he was driving on Worcester Road when he struck a tree.  His passenger, a 36 year old man from Maynard was killed in the crash.  Police stated that the defendant’s blood alcohol was a .20, two and one half times the legal limit.  In addition to motor vehicle homicide Routenberg is being charged with negligent operation.

Read Article:  Massachusetts Firefighter Charged With Motor Vehicle Homicide
 
Motor vehicle homicide in Massachusetts can be either a felony or a misdemeanor depending on how it is charged.  The article quoted above states that the defendant in this case faces up to fifteen years on state prison.  If the article is accurate this is considered a felony.  The Massachusetts statute making this act a crime is Massachusetts General Laws Chapter 90 Section 24G.  The felony aspect of the law has a mandatory minimum one year jail sentence. 
 
If the blood alcohol reading is accurate this case might be difficult to try.  There are ways to suppress blood alcohol results and have them excluded at trial.  Typically this occurs when a blood sample it taken from the defendant without his consent and without the appropriate legal authority.  Hospitals often take blood from drunk driving suspects when they have been injured and need medical care.  There are times however where this is unnecessary and suppression of the results is required. 

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