BOSTON, August 24, 2015— Two Iowa men were ordered held pending a dangerousness hearing during their arraignment today on charges of gun possession after they allegedly made threats against a weekend game convention, Suffolk County District Attorney Daniel F. Conley said.
KEVIN NORTON (D.O.B. 12/30/96) of Ames, Iowa, and JAMES STUMBO (D.O.B. 4/2/88) of Boone, Iowa, were arraigned in Boston Municipal Court on charges of unlawful possession of a firearm, unlawful possession of ammunition, and unlawful possession of a large capacity rifle. more »
BOSTON, Aug. 21, 2015—An armed gunman opened fire on two plainclothes Boston Police officers in the moments before he was killed during a Dorchester gunfight, Suffolk County District Attorney Daniel F. Conley said in his final report on the fatal shooting of Roudy Hendricks.
The report summarizing the sequence of events in the Aug. 7, 2013, incident was released today after Conley and the lead prosecutor on the case met with Hendricks’ family to explain their finding that “Officer [Harry] Jean’s discharge of his service weapon in return was a reasonable and lawful exercise of self-defense and defense of another against Mr. Hendricks’s armed assault.”
In addition to providing a factual explication and legal analysis of the incident to Hendricks’ family, Conley provided them with a complete copy of his investigative file on the case. The file is also being made available to Boston’s media for an additional layer of independent review.
The investigation revealed that Jean and another officer were in plainclothes travelling in an unmarked vehicle while assigned to the District B-3 Drug Control Unit shortly before 1:45 pm. As they travelled northbound on Dorchester Avenue, they observed Hendricks and another man opening doors and peering into various stores while walking southbound on the same street. When the officers took notice of this behavior and slowed briefly, Hendricks and the second man glared at them.
Realizing a short time later that they had passed Shepton Street, which they were looking for, the officers reversed direction and took a left onto Shepton Street. As they did so, Hendricks and his associate backtracked and followed them. The second officer, who was driving, stopped in the middle of Shepton Street and began to back up as Hendricks and his associate continued toward and past them.
After making eye contact with the officers, Hendricks and the second man raised their shirts to reveal handguns in their waistbands. The second man threw out his hands in a threatening or taunting gesture. Recognizing the two men to be armed, Jean and his partner exited their vehicle, drew their service weapons, and announced themselves as police officers. Hendricks’ associate immediately fled on foot. Hendricks, however, opened fire.
Both officers were struck by the gunfire, as was a commercial vehicle travelling northbound on Dorchester Avenue at this very moment. The passenger’s side window of that truck shattered and both occupants sustained minor injuries from the flying glass but were not struck by bullets.
Jean’s partner, who had taken cover behind a vehicle, did not fire. Jean returned fire from two locations, striking Hendricks three times. Hendricks was transported to Boston Medical Center, where he died of his injuries.
Jean and his partner gave voluntary, tape-recorded, post-Miranda statements. The contents of those statements were consistent with the physical evidence at the scene, surveillance footage captured by a camera at a nearby business, and recorded statements by multiple civilian witnesses.
The 1989 U.S. Supreme Court decision in Graham v. Connor explained that “the calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments – in circumstances that are tense, uncertain, and rapidly evolving – about the amount of force that is necessary in a particular situation.” The right to self-defense is not limited to law enforcement officials, however: Conley’s office has declined to charge five homicides in the past seven years because the civilians involved used lethal force reasonably and lawfully to protect themselves against the threat of death or serious bodily injury.
In light of all the facts and circumstances in this case, Conley wrote, “Officer Jean’s decision to return gunfire, after being shot and while under continued assault, was a lawful and reasonable exercise of self-defense and defense of his fellow officer. Accordingly, I have determined that criminal charges are not warranted.”
Conley’s office investigated the incident under Ch. 38, Sect. 4, of the Massachusetts General Laws, which establishes that, in “cases of unnatural or suspicious death,” including police-involved deaths, “the district attorney or his law enforcement representative shall direct and control the investigation of the death and shall coordinate the investigation with the office of the chief medical examiner and the police department within whose jurisdiction the death occurred.”
All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
BOSTON, August 19, 2015— A Dorchester woman who allegedly struck three officers with a car while fleeing the scene of an apparent drug transaction was arraigned this week on firearm and other charges, Suffolk County District Attorney Daniel F. Conley said.
SAMARA FIGUEROA (D.O.B. 10/28/78) was arraigned Monday in Roxbury Municipal Court on three counts of assault and battery with a dangerous weapon and single counts of trafficking cocaine, unlawful possession of a firearm, unlawful possession of ammunition, carrying a loaded firearm, possessing a firearm in the commission of a felony, reckless operation of a motor vehicle, failure to stop for police, and operating a motor vehicle with a suspended license. Her co-defendant, JUAN ORTIZ (D.O.B. 11/30/92) of Salem, was arraigned on charges of possession with intent to distribute a Class B substance. more »
BOSTON, Aug. 18, 2015—The Supreme Judicial Court today reversed a judge’s order that would have kept cell tower records out of evidence in the 2004 domestic violence murder of Julaine Jules, Suffolk County District Attorney Daniel F. Conley said.
The 20-page decision, authored by Justice Margot Botsford for the unanimous court, vacates an order by Superior Court Judge Peter Krupp, who last year ruled that an affidavit by Massachusetts State Police investigating Jules’ murder had not established probable cause to believe that the cell tower records would produce evidence in the case or aid in the apprehension of the person responsible – in this case, prosecutors allege, SHABAZZ AUGUSTINE (D.O.B. 2/19/79), Jules’ one-time romantic partner. more »
BOSTON, August 14, 2015— The Massachusetts Appeals Court today rejected the appeal of a drug dealer convicted by jurors who were fully informed of malfeasance by disgraced former chemist Annie Dookhan, Suffolk County District Attorney Daniel F. Conley said.
The Appeals Court affirmed the 2013 conviction of TRAVIS CURRY (D.O.B. 9/16/85) on charges of distribution of Class A substance and possession with intent to distribute a Class A substance. more »
BOSTON, August 13, 2015—A former East Boston man currently in prison was arraigned today after his DNA was matched to a 2011 rape and beating that left the victim with a traumatic brain injury, Suffolk County District Attorney Daniel F. Conley said.
THOMAS CRADOCK (D.O.B. 10/27/88) was arraigned in Suffolk Superior Court this morning on charges of aggravated rape, aggravated assault and battery with a dangerous weapon, aggravated assault and battery, and armed assault with intent to murder. At the request of Assistant District Attorney Tara Burdman of the DA’s Senior Trial Unit, Clerk Magistrate Gary Wilson imposed bail of $100,000. more »
BOSTON, August 13, 2015— The state’s highest court today affirmed the Suffolk County convictions of two men who trafficked three women for sex – the first convictions secured under the state’s human trafficking law.
In affirming the 2014 convictions of TYSHAUN McGHEE (D.O.B. 10/10/80) and SIDNEY McGEE (D.O.B. 2/11/84), both of Roxbury, the Supreme Judicial Court upheld the constitutionality of the state’s human trafficking statute. The statute, passed in late 2011, created the offense of trafficking in persons for sexual servitude. more »
BOSTON, Aug. 12, 2015—Suffolk County District Attorney Dan Conley’s 13th annual Soccer for Peace tournament kicks off in Dorchester tomorrow, bringing area kids together for a day of safe, healthy fun – and, for the first time, a match between Boston police officers and Suffolk prosecutors.
In addition to members of Conley’s office, New England Revolution goalkeeper Brad Knighton and defender London Woodberry will attend the annual event and be available to take photos with the kids and teens. more »
BOSTON, Aug. 11, 2015—A man who shot and killed an innocent bystander two years ago when he opened fire on rivals attacking his friend admitted his guilt today, accepting a state prison sentence rather than face trial, Suffolk County District Attorney Daniel F. Conley said.
JAEL ROMERO (D.O.B. 5/30/90), who claimed addresses in Chelsea and Roxbury, pleaded guilty to three counts of manslaughter for causing the deaths of Ana Cruz, Felix Garcia Jr., and Brian Tirado in the early morning hours of June 22, 2013. He also pleaded guilty to single counts of unlawful possession of a firearm and unlawfully carrying a loaded firearm. Judge Garry Inge sentenced him to a term of 13 to 16 years in state prison. more »
BOSTON, Aug. 11, 2015—A man who allegedly assaulted seven Revere Police officers, sending two to the hospital, and damaged a booking room metal detector was held on high bail at his arraignment today, Suffolk County District Attorney Daniel F. Conley said.
JOSEPH M. PARKER (D.O.B. 3/25/81), who claims addresses in Wakefield and Malden, was arraigned today on charges of assault and battery, assault and battery on a police officer, malicious destruction of property, disorderly conduct, and resisting arrest for his alleged actions on Revere Beach Parkway and at Revere Police headquarters early this morning. more »
BOSTON, Aug. 6, 2015—Nearly two decades after she was raped by a door-to-door salesman, a former Brighton resident yesterday told a sentencing judge that she is “a survivor rather than a victim.”
DERRICK SCOTT (D.O.B. 4/10/78), most recently of California and formerly of Georgia, faced sentencing yesterday after a Suffolk Superior Court jury on Monday found him guilty of rape and kidnapping charges. Assistant District Attorney Amy Martin of the DA’s Sexual Assault and Domestic Violence Unit recommended a sentence of 10 to 12 years in prison followed by five years of probation. Judge Mitchell Kaplan sentenced Scott to four to five years in prison. more »
BOSTON, Aug. 5, 2015—A former paramedic pleaded guilty to stealing drugs intended for use by patients requiring emergency care and using them to feed his addiction to painkillers, Suffolk County District Attorney Daniel F. Conley said.
BRIAN BENOIT (D.O.B. 7/28/72) pleaded guilty to one count of larceny over $250 by continuing scheme for the theft of morphine, fentanyl, lorazepam, and midazolam from more than 100 vials and syringes, and 17 counts of manufacturing, distributing, or possessing a counterfeit controlled substance for substituting those medications with saline or other lookalike substances. more »
BOSTON, Aug. 4, 2015—A Chelsea police officer currently suspended without pay was arraigned in Suffolk Superior Court today on indictments charging him with repeatedly punching a suspect in his custody and lying in a subsequent report, Suffolk County District Attorney Daniel F. Conley and Chelsea Police Chief Brian Kyes said.
FELIX RIVERA, Jr. (D.O.B. 1/14/81) of Lynn was arraigned today on charges of assault and battery, filing a false police report, and violating the victim’s civil rights. The charges stem from an incident in which Rivera allegedly punched the man while he was handcuffed in the rear of a Chestnut Street residence on the night of Sept. 26, 2014. Suffolk Superior Court Clerk Anne Kaczmarek ordered him to have no contact with the victim while the case is pending. more »
BOSTON, Aug. 3, 2015—A California man who went to trial because Suffolk prosecutors indicted his unique genetic profile before his identity was known was convicted of raping a woman in her Boston apartment – nearly two decades after the crimes occurred, Suffolk County District Attorney Daniel F. Conley said.
DERRICK SCOTT (D.O.B. 4/10/78), most recently of California and formerly of Georgia, was found guilty today of rape and kidnapping for crimes he committed in 1996. A Suffolk Superior Court jury heard evidence and testimony presented over the course of nearly three days and deliberated for one day before returning their verdicts. more »
BOSTON, Aug. 3, 2015—A Roslindale man wearing a GPS monitor as a condition of bail in an earlier burglary case was arraigned today for two weekend break-ins after his victims walked in on him in the act, Suffolk County District Attorney Daniel F. Conley said.
ERNEST HALEY (D.O.B. 4/16/86) was arraigned today in West Roxbury Municipal Court on three counts of unarmed burglary. Assistant District Attorney Tai Antoine requested bail of $75,000 and that Haley’s bail be revoked in an open case charging armed burglary, assault with a dangerous weapon, and assault and battery for which he was arraigned in Suffolk Superior Court in June. Judge Ernest Sarason set bail in the amount of $7,500, revoked the defendant’s open bail, and ordered him held for violating the conditions of his probation in a 2014 case in which he was received an 18-month suspended sentence on charges of malicious destruction of property, threats, and two counts of assault and battery. more »