BOSTON, June 26, 2013—A repeat firearm offender has been sentenced to state prison after his conviction on gun charges by Suffolk County District Attorney Daniel F. Conley’s Gang Unit.
A Suffolk Superior Court jury deliberated for less than two hours yesterday before convicting AARON POWELL (D.O.B. 10/17/89) of Randolph on charges of unlawful firearm possession and carrying a loaded firearm.
Based on his 2009 conviction on similar charges in the Suffolk County Gun Court, Powell was additionally charged with unlawful possession of a firearm as a second or subsequent offense. At a second trial held after the jury’s verdict, Judge Patrick Brady found him guilty of that offense.
“Every gun defendant taken off the street is a potential shooting or murder averted,” Conley said. “If you carry a gun without a license in the City of Boston, you’re going to do time. And if you carry a second gun without a license, we’re going to indict you and seek a prison sentence. It’s that simple.”
Assistant District Attorney Patrick Mulligan of the DA’s Gang Unit recommended a prison sentence of seven years followed by four years of probation. Brady sentenced Powell to a term of 5 to 5½ years in prison followed by five years of probation.
During the two-day trial, Mulligan presented evidence and testimony to prove that on Aug. 11, 2011, Powell was a rear seat passenger of a vehicle that was pulled over by Boston Police officers for a license plate violation. Officers immediately noticed Powell’s motions – pointing his right shoulder and head down and then quickly looking back up – and that he appeared nervous and shaking when police approached the vehicle. Officers also noticed a strong odor of marijuana when they approached the vehicle.
As Powell reached for his wallet to provide police with his ID, he moved his body to the left and placed his left hand on his waist band in an apparent attempt to hold something in place. Officers ordered Powell out of the vehicle and searched him for officer safety, at which time a 9mm handgun wrapped in a dirty white sock was found in Powell’s waistband.
Powell attempted to flee but was captured after a brief chase. At the time of his arrest, he was still on probation for his prior firearm conviction.
Powell was represented by Kevin Mullen.
All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.