Last week a woman who lives on Newcomb Place in Taunton, Massachusetts returned home after being away overnight. When she entered her apartment she observed Katherine Lee Ferguson, a Plymouth, Massachusetts resident, naked and cooking breakfast. Ferguson’s friend Kyle Timmons of Taunton was also present. It is alleged that the two broke into the home through the back doors. The police arrived to find a relative of the victim chasing Timmons out of the building. Timmons continued his flight and was ultimately apprehended down the street. Ferguson was found in the home, wearing a dress and ring belonging to the victim. Both defendants have been charged with Malicious Destruction to Property Over $250 and Breaking and Entering. Timmons also faces a Restraining Order Violation while Ferguson is being charged with Receiving Stolen Property.
Massachusetts Theft Crimes Defense Law Firm
The most serious statute with which Ferguson and Timmons are being charged is Massachusetts General Laws Chapter 266 Section 17. That law states that anyone who commits the crime of Breaking and Entering a building in the daytime with the intent to commit a felony where the owner is present can be sentenced upon conviction of up to ten years in state prison. The crime is a felony. This type of crime is commonly known as a burglary. Burglaries are considered particularly egregious crimes and judges often impose stiff sentence after someone is convicted of this offense. The word “building” as used in this statute can be equated with a home as is the case here. There must be an intention on the part of the accused to commit either a felony or a misdemeanor along with breaking and entering to satisfy the elements of this crime. Where that cannot be proved prosecutors often charge the crime of criminal trespass. Here, Ferguson’s wearing of the victim’s dress and ring are sufficient to suggest the intent to commit either a misdemeanor or a felony. The facts are not as evident relative to Timmons.
Defending these crimes can be difficult particularly before a jury. Jurors are typically unsympathetic towards people accused of breaking and entering someone else’s property, especially someone’s home. In Timmons case the apparent question is “what crime did he intend to commit?”. While this might appear defensible from the facts set out in this article I can see where a jury might believe that he was acting as a joint venturer with Ferguson and that he was complicit in helping her steal the ring and dress. Getting caught in the act like this makes trying this quite difficult. I imagine that Timmons and Ferguson will be trying to resolve this case through a plea deal.
If you are in trouble we encourage you to call our office right away. Attorney Stephen Neyman can be reached at 617-263-6800 or by email. Defending you is our privilege. Do not wait, hire us now.