BOSTON, July 10, 2016—Boston Police homicide detectives this morning arrested a suspect in the homicide last month of 19-year-old Blanca Lainez in East Boston, Police Commissioner William B. Evans and Suffolk District Attorney Daniel F. Conley said.

Jose Hernandez, 16, of East Boston is expected to be arraigned on a murder charge tomorrow in East Boston Municipal Court, authorities said. 

Boston Police homicide detectives and Suffolk prosecutors obtained a warrant for the youth yesterday amid the ongoing investigation, which has yielded phone records, video surveillance images, and forensic evidence corroborated by additional information gathered since June 15, when Lainez’ body was found.

“This arrest is evidence of our commitment to justice for the victims and survivors of homicide,” Commissioner Evans said. “I want to commend the efforts of my detectives and all those who worked tirelessly during this investigation.  I pray that this arrest brings some level of comfort to the family.”

“This arrest reflects a nonstop investigation into a crime of brutal violence,” Conley said.  “But that investigation is still very active, and we urge anyone with additional information to share it with police and prosecutors. Every tip, however small, brings us closer to finding justice for Blanca and her loved ones.”

Boston Police responded to the area of 54 Princeton St. in East Boston at about 8:50 that morning for a report of a person down. On arrival, they found the victim suffering from significant trauma later determined to be stab wounds and blunt force injuries. She was pronounced dead at the scene.

Police and prosecutors said the investigation into Lainez’ homicide remains very active. Anyone with additional information is strongly urged to share it with Boston Police homicide detectives at 617-343-4470. Tipsters who wish to remain anonymous may call the CrimeStoppers Tip Line at 1-800-494-TIPS or text the word ‘TIP’ to CRIME (27463). The Boston Police Department will stringently guard and protect the identities of all those who wish to help this investigation in an anonymous manner.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt

Separate Death Investigation Under Way at Constitution Beach 
BOSTON, July 10, 2016–Massachusetts State Police are investigating a report of a sexual assault late last night on Massport property in East Boston, as well as an unattended death on Constitution Beach  this afternoon, State Police Colonel Richard McKeon and Suffolk District Attorney Daniel F. Conley said.  
Massport police notified State Police early this morning after speaking to a woman who reported being assaulted by three males in Bremen Street Park several hours earlier. The men have not been identified.  The woman was transported to Massachusetts General Hospital for treatment.

Because the incident took place on Massport property, the investigation is being led by State Police, specifically Troop F detectives and the Suffolk County State Police Detective Unit.
In addition to a sexual assault examination and the victim’s statements, investigators gathered physical evidence from the area of the reported assault and are seeking assistance from any witnesses who may have been in the area of the park and observed anything unusual between yesterday afternoon and early this morning. Tipsters may contact Troop F detectives at 617-568-7300 or Suffolk County detectives at 617-727-8817.

Sexual assault can happen to anyone. While the victims of any crime should call 911 in an emergency, survivors of sexual violence can also call their local rape crisis center for free and confidential services and to discuss their options.  Services by city and town can be found at www.janedoe.org/find_help/search.

In Suffolk County, the Boston Area Rape Crisis Center (www.barcc.org) offers a free and confidential 24-hour hotline at 800-841-8371. The Boston Area Rape Crisis Center provides medical accompaniment and many other free services to victims of rape and sexual assault. Suffolk victim-witness advocates can assist in referrals to BARCC and a wide array of non-profit service providers who can offer additional support and services.

Separately, State Police detectives are also investigating the unattended death of an adult male at the northern end of Constitution Beach this afternoon.  The man, who has not yet been identified but appeared to be in his late 30s, was transported to MGH and pronounced dead at about 2:20 pm. Though a preliminary examination of his body showed no signs of violent trauma, his death remains the subject of an open investigation led by the Suffolk State Police Detective Unit and assisted by the Crime Scene Services Section, troopers from the Revere barracks, and additional State Police assets. At this stage, it does not appear connected in any way with the Bremen Street Park investigation or the arrest of a suspect in the June homicide of Blanca Lainez on Princeton Street.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt

BOSTON, July 11, 2016—A 16-year-old East Boston youth was held without bail at his arraignment today for the homicide last month of 18-year-old Blanca Lainez, Suffolk County District Attorney Daniel F. Conley said.

JOSE HERNANDEZ, arrested yesterday by Boston Police, was formally charged in East Boston Municipal Court with one count of murder. Under Massachusetts law, all juveniles over the age of 14 accused of murder are charged as adults, meaning the case against Hernandez is open to the public.

Assistant District Attorney John Verner of the DA’s Homicide Unit told Judge Debra Shopteese that construction workers found Lainez’ body on a pile of 2×4 boards in a garage behind 54 Princeton St. on the morning of June 15. She had been beaten and stabbed.

Verner said video evidence from cameras in the area show a male wearing a hood exit a residence at 63 Marion St. and make his way to Princeton Street at about 8:15 pm – moments before the last outgoing acitivity on Lainez’ cell phone. It also shows him running back from Princeton Street to Marion Street and putting something in his pocket at about 9:00, Verner said. Analysis of footage from multiple cameras suggests that this male traveled to a portion of Princeton Street between 40 Princeton St. and the Marion Street intersection – a portion that includes 54 Princeton St.

A search warrant executed at 63 Marion St., where Hernandez lives, yielded a two-tone hooded jacket consistent with the one seen on the video footage.

A person going to or from the area in which Lainez’ body was found would have to travel between the studs of an unfinished wall of the garage, Verner said. An examination of that area led to the recovery of a palmprint that tested presumptively positive for blood – and that also matched Hernandez’ prints when he was arrested with a large knife on June 30.

Analysis of Lainez’ cell phone showed “extensive contact” between Hernandez and the victim prior to her homicide and suggested “animosity” between the two. Hernandez had threatened her in the weeks prior to her death.

Eliana Builes is the DA’s assigned victim-witness advocate. Hernandez is represented by attorney James Coviello. The case will return to court on July 20.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, July 13, 2016—A Chelsea man who was deported following his arrest on child rape charges 10 years ago was apprehended after he re-entered the United States yesterday, Suffolk District Attorney Daniel F. Conley, Revere Police Chief Joseph Cafarelli, and US Marshal for the District of Massachusetts John Gibbons said.

RONY VASQUEZ (D.O.B. 11/8/73) was arrested on June 18, 2006, after Revere Police found him engaged in apparent sexual activity with an 11-year-old girl known to him. The Suffolk County Grand Jury indicted Vasquez three months later after the investigation revealed additional sexual contact with the child, but he was deported by immigration authorities in the interim and never appeared at his Suffolk Superior Court arraignment. A warrant for his arrest has been in place since then.

“With a decade now passed, this case has been handed down to a new generation of prosecutors,” District Attorney Conley said. “What has not changed, and what will not change, is our commitment to speak for any child abused, neglected, or violated by an adult. Thanks to the early work of Revere Police, the grand jury investigation by our Child Abuse Unit, and these most recent efforts by US Marshals and the State Department, we’ll be able to do just that when the defendant returns to Suffolk County.”

“We never lost hope that such a serious case would one day have its day in court,” Chief Cafarelli said. “I’m proud of my officers and detectives for their response and investigation 10 years ago, and I’m grateful for the continued efforts of the Suffolk DA’s office and US Marshals to hold this defendant accountable for his actions.”

During the course of their fugitive investigation, US Marshals obtained information that Vasquez intended to travel to the United States to visit a family member. They were in place when he deplaned from a flight from Guatemala to Houston, Texas, yesterday evening, and immediately took him into custody.

“I am extremely pleased our office was able to assist the Revere Police Department and Suffolk DA’s Office with the apprehension of Rony Vasquez, who had been a fugitive for approximately a decade,” said US Marshal Gibbons.  “Through our working relationships with our local, state and federal law enforcement partners and our expertise with Domestic and International Fugitive Investigations we were able to collaboratively assist with the arrest of this individual in Houston, TX last evening. We remain committed and undeterred with apprehending fugitives who commit these serious crimes wherever they choose to flee and no matter the distance. Finally, I would like to commend the Revere Police Department, Suffolk County DA’s Office, U.S. State Department, Houston Police Department, USMS Houston Office, and the USMS Investigative Operations Division for their tenacious commitment to bringing this individual to justice.”

Vasquez is currently held without bail as a fugitive from his Suffolk County indictment. Massachusetts officials will travel to Texas in the coming days to transport Vasquez to Suffolk Superior Court for arraignment. Those proceedings have not yet been scheduled.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, July 13, 2016—A suspect in the 2015 homicide of Richard Long, also accused of shooting a surviving victim and setting fire to the crime scene, was ordered held without bail at his arraignment today on murder and related charges, Suffolk County District Attorney Daniel F. Conley said.

VICTOR ARRINGTON (D.O.B. 9/16/85) of Dorchester was arrested by Boston Police late yesterday and arraigned today on charges of murder, armed assault with intent to murder, and arson in connection with the March 31, 2015, incident that claimed the 37-year-old Long’s life and left a 33-year-old female injured at 332 Harvard St. in Dorchester.

Assistant District Attorney Masai King, chief of the DA’s Major Felony Bureau, told the court that evidence including surveillance imagery, phone records, and witness statements led to Arrington’s identification in the homicide. King said the evidence suggests Arrington was part of a group that had an ongoing feud with a person they believed to live at the scene – but that this person did not in fact reside there. When they could not locate their intended target, King said, Arrington and his associates shot the victims and set fire to the apartment.

That fire led to a rapid response by the Boston Fire Department, accompanied by Boston Police and Boston EMS. The call was upgraded to a shooting when they arrived, and thereafter to a homicide.

Based on the totality of evidence by late yesterday, the Boston Police Fugitive Apprehension Unit arrested Arrington yesterday evening, but police and prosecutors reiterated that the investigation remains open. Anyone with additional information is urged to share it with homicide detectives at 617-343-4470.

Arrington was represented by attorney E. Peter Parker. He will return to court on Aug. 9.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

A Suffolk prosecutor assigned to Chelsea District Court was honored recently for her community-minded work in and out of the courtroom, District Attorney Daniel F. Conley said.

During the 13th Annual Suffolk Awards, held last month at Suffolk University Law School, prosecutors, advocates, civilian investigators, and support staff were honored for their outstanding efforts on behalf of the communities of Boston, Chelsea, Revere, and Winthrop.

Assistant District Attorney Stacey Pichardo was recognized with the Brian J. Honan Award for Excellence in the Courtroom and Commitment to the Communities We Serve – among the highest honors presented each year, and one that Conley said every prosecutor should aspire to.

Read more at http://www.chelsearecord.com/2016/07/08/superstar-prosecutor-lauded-for-service-to-residents-of-chelsea/

BOSTON, July 19, 2016— A Massachusetts couple has been indicted on charges they failed to file tax returns reporting more than $2 million in income and then filed false returns upon learning they were under investigation by the state’s Department of Revenue, Suffolk County District Attorney Daniel F. Conley said.

HARRY WEBSTER (D.O.B. 2/26/62) of Canton is expected to be arraigned tomorrow in Suffolk Superior Court.  Harry Webster is charged with six counts of failure to timely file an income tax return, six counts of filing a false tax return, two counts of larceny over $250, and two counts larceny over $250 by scheme for allegedly stealing more than $400,000 from his former employer in East Boston.  His wife, NANCY WEBSTER (D.O.B. 2/21/57) of Hyde Park, is to be arraigned on five counts of filing a false tax return.

“These indictments allege thefts not just from a Boston-based business, but from the people of Massachusetts,” Conley said. “Thanks to the early investigative efforts of the state’s Department of Revenue, this complex scheme has been unraveled and we’re one step closer to holding these defendants accountable.”

According to prosecutors, Harry Webster worked from 1998 to 2011 as general manager of Tuckerman Steel, an East Boston steel fabricator.  Abetted by his control over the company’s daily operations and finances, he allegedly accepted kickbacks from a subcontractor and funneled them to Seacoast Engineering & Design, a shell company he controlled; caused Tuckerman Steel to issue unauthorized checks to Seacoast Engineering & Design; and paid himself unauthorized bonuses.  In total, he is accused of stealing more than $400,000 from the company between 2006 and 2011, when his employment ended.

During the time Harry Webster worked for the Tuckerman Steel, he and Nancy Webster lived in Durham, N.H., and were required to file Massachusetts non-resident tax returns on the income he earned while working in Massachusetts.  From 2006 to 2011, however, the couple did not file Massachusetts tax returns.  After learning that the Massachusetts Department of Revenue was investigating their alleged tax evasion, the Websters submitted non-resident tax returns for those years – but claimed allegedly phony deductions, false business losses, and failed to report large portions of their income, prosecutors said.  As a result, the Websters reported a tax liability of $36,962 – rather than the $116,726 that the DOR estimated that they owed.

The case was investigated by the Criminal Investigations Bureau of the Massachusetts Department of Revenue.  Assistant District Attorney Michele Granda, chief of the DA’s Special Prosecutions Unit, led the grand jury investigation that resulted in these indictments.  Arraignment is scheduled to take place tomorrow in the Magistrate’s Session of Suffolk Superior Court.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, July 20, 2016—The state’s highest court has denied a new trial for the man who robbed, beat, and murdered 15-year-old Germaine Rucker but ordered that the killer be resentenced because he was a juvenile at the time of the homicide, Suffolk County District Attorney Daniel F. Conley said.

KENTEL WEAVER (D.O.B. 7/29/87), who was 16 when he shot and killed Rucker in 2003, is currently serving a sentence of life in prison without the possibility of parole after a jury in 2006 convicted him of first-degree murder and unlawful possession of a firearm.  He will continue to serve his life sentence, but will become eligible for parole as a result of the resentencing ordered by the Supreme Judicial Court.

In his appeal, Weaver argued that his confession to the murder was not made willfully or voluntarily as a result of his mother’s pressure to tell the truth to Boston Police homicide detectives.  The justices rejected the claim, noting that not only did jurors at his trial consider evidence regarding the circumstance of the confession, but also the extensive evidence corroborating Weaver’s statements identifying himself as the killer.

“In addition to the defendant’s admission, the Commonwealth presented evidence at trial linking the defendant to the murder, including testimony that (1) a young man was seen fleeing from the scene of the shooting; (2) the young man had a firearm fitting the description of a revolver in his possession as he fled; (3) the young man was wearing a distinctive baseball cap, which fell to the ground; (4) the cap belonged to the defendant; and (5) the victim and the defendant were known to each other,” the justices wrote.

Weaver also argued that his trial attorney was ineffective for failing to consult with an expert or elicit testimony at trial that the defendant’s free will was overborne by his mother.  The court rejected the argument and instead agreed with the findings of a judge who previously considered Weaver’s earlier motion for a new trial and determined that the expert testimony was neither admissible nor necessary.

“[W]e agree with the first new trial motion judge’s determination that the parent-child dynamic is generally familiar to a fact finder, and that the likelihood of a child being influenced by a parent is not a matter outside the common understanding of the average juror, nor is the proposition that a parent may exert pressure on his or her child a novel one. Thus, the jury’s evaluation of whether the defendant’s statements were psychologically coerced by his mother ‘could be accomplished through its common understanding without need of expert testimony,’” the justices wrote, citing an earlier decision.

The court similarly rejected Weaver’s claim that he is entitled to a new trial because the courtroom was closed to the public as a jury was selected for his 2006 trial.  The justices found that, although the courtroom was closed to the public and that Weaver’s attorney failed to raise an objection, it caused no substantial likelihood of a miscarriage of justice and was not grounds for a new trial.

The justices found that while Weaver is not entitled to a new trial, his status as a juvenile at the time he murdered Rucker entitles him to parole eligibility after 15 years of his life sentence, consistent with a decision issued by the court in 2013 requiring that juvenile defendants be afforded the meaningful opportunity for parole.  The case was remanded to Superior Court for resentencing at a later date.

Jurors in 2006 convicted Weaver after hearing evidence and testimony proving that Weaver was among a group of individuals who attacked Rucker on Wendover Street on Aug. 10, 2003. They knocked him to the ground, beat him, and robbed him. As Rucker was on the ground, Weaver shot him twice in the head, killing him.

During the course of their investigation, Boston Police recovered a distinctive Detroit Tigers baseball cap that a witness had observed a young man with a gun drop as he fled down Humphrey Street.  Weaver had been wearing the same cap during an arrest in the weeks before the murder, and he made statements to police during a post-Miranda interview acknowledging that the hat belonged to him.  DNA lifted from the cap was additionally matched to Weaver, the evidence showed.

Weaver later admitted to Boston Police that he killed Rucker.

Assistant District Attorney John Pappas, Conley’s Chief Trial Counsel, prosecuted the case at trial.  Assistant District Attorney Jack Zanini, chief of the DA’s Appellate Unit, argued the case on appeal.  Michael Glennon was the DA’s assigned victim-witness advocate. Weaver was represented by Ruth Greenberg.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, July 20, 2016— A Massachusetts couple accused of evading taxes on more than $2 million in income were arraigned today, Suffolk County District Attorney Daniel F. Conley said.

HARRY WEBSTER (D.O.B. 2/26/62) of Canton was arraigned today in Suffolk Superior Court on six counts of failure to timely file an income tax return, six counts of filing a false tax return, as well as two counts each of larceny over $250 and larceny over $250 by scheme in connection with the theft of funds from his former employer.  NANCY WEBSTER (D.O.B. 2/21/57) of Hyde Park was arraigned counts of filing a false tax return.  Clerk Magistrate Anne Kaczmarek released each defendant on their own recognizance.

Assistant District Attorney Michele Granda, chief of the DA’s Special Prosecutions Unit, told the court that Harry Webster is charged with stealing a total of $403,000 from East Boston steel fabricator Tuckerman Steel, where he worked as general manager until 2011.

During his employment, Webster allegedly received $167,000 in kickbacks from a subcontractor during 2006 and funneled them to Seacoast Engineering & Design, a shell company he controlled.  He additionally caused Tuckerman Steel to issue unauthorized checks to Seacoast Engineering & Design totaling $63,500 during December 2007 and January 2008.  In April 2008, Webster allegedly paid himself an unauthorized bonus of $73,000 and a second unauthorized bonus of $100,000 one month later.

At the time of his employment with the company, Webster and his wife lived in Durham, N.H., and were required to file Massachusetts non-resident tax returns on the income he earned while working in Massachusetts.  However, the couple failed to file Massachusetts tax returns for the years 2006 through 2011.  During those years, Webster earned a total of   $2,278,500 from Tuckerman Steel, for which the Massachusetts Department of Revenue estimated the Websters would owe $116,726 in taxes.

After learning that the state’s Department of Revenue was investigating their alleged tax evasion, Harry and Nancy Webster on May 22, 2013, submitted non-resident tax returns for the years 2006 through 2011.  In those returns, the couple knowingly reported false information to the Department of Revenue, including allegedly phony deductions and false business losses, and failed to report large portions of their income, prosecutors said.  As a result, the Websters reported a tax liability of just $36,962.

Harry Webster was represented by Laurence Cote for bail purposes.  Nancy Webster was represented by Philip Cormier.  They return to court Sept. 26.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, July 21, 2016—Two Iowa men admitted to gun and ammunition charges today, receiving jail time and probation for bringing a shotgun and assault rifle to the Pokemon World Championship in Boston last year, Suffolk County District Attorney Daniel F. Conley said.

KEVIN NORTON (D.O.B. 12/30/96) of Ames, Iowa, pleaded guilty to unlawful possession of a 12-guage Remington shotgun and JAMES STUMBO (D.O.B. 4/2/88) of Boone, Iowa, pleaded guilty to unlawful possession of a DPMS AR-15 rifle. Both pleaded guilty to unlawful possession of about 300 rounds of ammunition.

A Remington 12-guage shotgun and DPMS AR-15 rifle seized from the defendants

At the request of Assistant District Attorney Brian Brodigan of the DA’s Gang Unit, both men were sentenced to two years in a house of correction followed by two years of probation during which they must stay away from the Hynes Convention Center, undergo mental health evaluations, and possess no weapons.

Noting that the weapons were unloaded when recovered and that the ammunition for both was secured, prosecutors agreed to dismiss an additional charge of unlawful possession of a high capacity feeding device.

Had the case proceeded to trial, prosecutors would have introduced evidence and testimony showing that Norton and Stumbo drove from Iowa to Boston in August 2015 in order to attend the Pokemon World Championship at the Hynes Convention Center.  Prior to their arrival at the event on Aug. 20, however, Boston Police were notified of statements and images they had allegedly posted online that could have been construed as threats of gun violence.

“Kevin Norton and I are ready for worlds Boston here we come,” Stumbo posted with a photo of the AR-15 and shotgun displayed on its trunk. That statement and others were made amid an online chat in which others – but not the defendants – referred to “Columbine pt 2,” “another Boston massacre,” and the “Boston bombing.”

As a result of the posts, officers stopped both men upon their arrival at the convention center and issued no trespass orders.  Norton allegedly made statements to the officers that the men had a shotgun and rifle in Norton’s 2002 Chevrolet Prizm, prosecutors said. Boston Police froze the vehicle and towed it to headquarters.

The men were interviewed and released. When police executed a search warrant and recovered the weapons, they returned and took both men into custody. They have remained held since their Aug. 21 arrests. Norton and Stumbo were represented by attorneys Robert LeRoy and Steven Goldwyn, respectively.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, July 7, 2016—A Dorchester man was arraigned today on a manslaughter charge stemming from the death of 45-year-old Brian Hingston as Hingston apparently tried to intervene in a fistfight, Suffolk County District Attorney Daniel F. Conley said.

BRYAN McELHINNEY (D.O.B. 8/17/92), who walked into court on the June 22 indictment, was held on $2500 cash bail. Clerk Magistrate Anne Kaczmarek also ordered McElhinney to surrender his passport and remain in Massachusetts while the case is pending. McElhinney was expected to be arraigned tomorrow but the date was moved on short notice to accommodate attorneys’ schedules.

Assistant District Attorney Catherine Ham of the DA’s Senior Trial Unit told the court that the April 17 incident began with a fistfight in the parking lot of the Greenhill Bakery on Adams Street. Neither the defendant nor the victim was involved in this portion of the fisticuffs. At some point during the fracas, Hingston entered the fray with his arms in the air to separate the two men.

McElhinney struck Hingston in the face, Ham said, causing Hingston to fall and hit his head on the pavement. The impact caused a serious head injury to which the Quincy resident succumbed. He was pronounced dead at Boston Medical Center.

The investigation into the fatal confrontation included numerous interviews by Boston Police homicide detectives, a medical investigation by the Office of the Chief Medical Examiner, and some two dozen witnesses called to testify before the Suffolk County Grand Jury.

Eliana Builes is the DA’s assigned victim-witness advocate. McElhinney is represented by attorney Michael Doolin. He will return to court on Aug. 2.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, July 25, 2016—A former Revere resident deported to Guatemala was held on high bail at his arraignment today, a decade after he was indicted for sexually assaulting a child and two weeks after he re-entered the United States, Suffolk County District Attorney Daniel F. Conley said.

RONY VASQUEZ (D.O.B. 11/8/73) was arraigned in Suffolk Superior Court today on four counts of rape of a child. At the request of Assistant District Attorney Maryrose Anthes of the DA’s Child Protection Unit, Clerk Magistrate Anne Kaczmarek imposed bail of $100,000 and ordered Vasquez to stay away and have no contact with the victim and her family, have no contact with children under age 16, surrender his passport, and be subject to GPS monitoring.

According to prosecutors, Revere Police on June 18, 2006, arrested Vasquez for alleged sexual contact with an 11-year-old girl. An investigation revealed that Vasquez had assaulted the child on prior occasions.

A Suffolk grand jury indicted Vasquez three months later. However, in October 2006, Vasquez was deported to Guatemala before he could appear for his Suffolk Superior Court arraignment.  A warrant for his arrest has been in place since that time.

In the course of a fugitive investigation, US Marshals learned that Vasquez planned to travel from Guatemala to the United States on June 12 in order to visit a relative. When the plane he was traveling on landed in Houston, Texas, Marshals were onsite to take Vasquez into custody as a fugitive from justice.

Vasquez is represented by Patrick Millina. He returns to court Sept. 7.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, July 25, 2016—A third defendant was arrested yesterday and arraigned today on murder and other charges connected to the shooting death last month of 17-year-old Raekwon Brown, Suffolk County District Attorney Daniel F. Conley said.

JADEN WAITERS (D.O.B. 7/23/96) of Dorchester was held without bail today on one count of murder and two counts of armed assault with intent to murder, the same offenses for which his two co-defendants, JONATHAN AGUASVIVAS (D.O.B. 11/25/92) of Roxbury and BENZY BAIN (D.O.B. 12/17/91) of Mattapan, have already been arraigned.

Waiters, Agusasvivas, and Bain are accused of taking part in the June 8 shooting that claimed Brown’s life and left three others injured near the Jeremiah E. Burke High School in Dorchester. Brown was pronounced deceased at the scene; two other victims, ages 16 and 17, were transported to area hospitals where they were treated for non-life threatening injuries; and a fourth victim, a woman in her 60s, was treated at the scene for a non-life threatening injury.

The investigation that followed, which entailed the retrieval and analysis of video footage from cameras in the area as well as other forms of evidence, led to the arrests of Aguasvivas and Bain on June 22. Both men were arraigned the same day and held without bail. Additional evidence gathered since that time led to Waiters’ identification as the third participant in Brown’s homicide and the nonfatal shootings.

Conley said that anyone with additional information can feel safe sharing it with Boston Police homicide detectives at 617-343-4470. Tipsters who wish to remain anonymous may do so by calling the CrimeStoppers Tip Line at 1-800-494-TIPS or by texting the word ‘TIP’ to CRIME (27463).

Waiters was represented by attorney Robert Sheketoff. He, Aguasvivas, and Bain are all due back in court on Sept. 7.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, July 29, 2016—A Lynn man charged with attempting to kidnap and sexually assault a woman walking alone in Revere will be held without bail pending the outcome of a dangerousness hearing next week, Suffolk County District Attorney Daniel F. Conley said.

GERARDO PORTILLO (D.O.B. 5/23/90) was arraigned today in East Boston Municipal Court on charges of assault with intent to commit a felony, assault with intent to rape, assault and battery causing serious bodily injury, strangulation, indecent assault and battery on a person over 14, and attempt to commit a crime in connection with the June 25 assault, as well as a charge of reckless endangerment of a child for allegedly leaving a young child alone in his vehicle at the time of the assault.

At the request of Assistant District Attorney Natalia Belland, Judge John McDonald ordered Portillo held without bail pending the outcome of a dangerousness hearing under Chapter 276, Section 58A, of the Massachusetts General Laws, which allows a judge to hold a defendant accused of certain offenses without bail for up to 120 days pending trial upon “clear and convincing evidence that no conditions of release will reasonably assure the safety of any other person or the community.”   That hearing is scheduled to take place Aug. 5.

According to prosecutors, the victim was approached by a man driving a gray Honda Civic as she walked alone in the area of Revere Street at approximately 9:30 p.m. Monday.  The man began speaking to the woman and attempted to lure her into his vehicle.  She refused and continued walking, changing her direction and entering a Harvard Street parking lot when the vehicle passed her again.

The man then approached the victim on foot, offering her money and drugs.  When the victim again refused, the assailant placed his hands on her, attempting to steer her toward her car, prosecutors said.  He allegedly strangled the victim and knocked her to the ground, where he attempted to remove her clothing.  When the victim screamed, her attacker punched her in the face and fled in the direction of his vehicle.

The victim was able to flee to a nearby business, where she reported the assault to a man who took down the license plate number of the suspect vehicle as it drove away from the area of the assault.

The victim was transported to Beth Israel Deaconess Medical Center and treated for a facial fracture and other injuries.

Winthrop Police detectives, assisted by Revere and Lynn police, located the vehicle’s owner and learned that Portillo – who matched the physical description of the assailant – was operating the car in Winthrop on the evening of the assault, prosecutors said.  Police also obtained surveillance video depicting the vehicle and the driver’s actions before and after the assault occurred.

Based on evidence gathered during the course of their investigation, Portillo was arrested by Somerville Police at his place of employment in that city Thursday afternoon.  During a post-Miranda interview with Winthrop Police, he allegedly made statements incriminating himself, prosecutors said.

Sexual assault can happen to anyone. While the victims of any crime are asked to call 911 in an emergency, survivors of sexual violence can also call their local rape crisis center for free and confidential services and to discuss their options. Support is available for all survivors of sexual violence, regardless of whether they wish to take part in a criminal prosecution. Services by city and town can be found at www.janedoe.org/find_help/search.

In Suffolk County, the Boston Area Rape Crisis Center offers a free and confidential 24-hour hotline at 800-841-8371. The Boston Area Rape Crisis Center provides medical accompaniment and many other free services to victims of rape and sexual assault. Suffolk victim-witness advocates can assist in referrals to BARCC and a wide array of non-profit service providers who can offer additional support and services.

Portillo is represented for bail purposes by attorney Nitin Dalal.  He returns to court Aug. 5.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Aug. 1, 2016—The target of a State Police narcotics investigation is behind bars today and more than 400 grams of cocaine have been taken off the streets of Boston, Suffolk County District Attorney Daniel F. Conley said.

NICANDER SERNA (D.O.B. 6/1/70), also known as LUIS BORJA, was held on $500,000 cash bail at his arraignment Friday in Brighton Municipal Court on six counts of trafficking in cocaine. Should he post that amount, he must wear a GPS monitoring device.

Assistant District Attorney Margaret Hegarty told the court that State troopers assigned to the Suffolk County State Police Detective Unit obtained information that Serna was distributing a large amount of cocaine in the Brighton area.

In the course of four transactions between June 3 and June 19, troopers purchased more than 140 grams of cocaine from Serna, with some of those transactions recorded pursuant to a warrant granted by a Suffolk Superior Court judge.

On July 28, troopers arranged the purchase of 250 grams of cocaine from Serna. Shortly after it was concluded, Serna was taken into custody and troopers executed a search warrant at his basement apartment on Parsons Street in Brighton.

In addition to 25 grams of cocaine inside the residence, troopers seized $8,800 in cash, powdered substance believed to be a cutting agent, a digital scale, two cell phones, and what appeared to be notes related to drug transactions.

The investigation and seizures were assisted by the State Police Gang Unit and other assets, as well as Homeland Security Investigations special agents.

Serna was represented by attorney Jason Chan. He will return to court on Aug. 30.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Aug. 1, 2016—A prosecutor assigned to Suffolk County District Attorney Daniel F. Conley’s Juvenile Unit has been as honored as one of the country’s top young rising attorneys by the American Bar Association.

The ABA today recognized Assistant District Attorney Brett Walker as one of the nation’s Top 40 Young Attorneys.  Walker was selected for the inaugural list of honorees for his leadership, professionalism, and dedication to service in both the courtroom and the community.

Walker joined the Suffolk DA’s office in 2013 and was assigned to the Boston Municipal Court, one of the busiest courthouses in New England.  In addition to his duties as a line prosecutor, he took on an additional role in the Boston Veteran’s Treatment Court, an innovative specialty court launched two years ago for qualifying defendants whose low-level offenses stem from service-related substance abuse or mental health issues.

This latter position allowed Walker, a major in the Army National Guard who served in Iraq and Afghanistan, to draw on his military experience in order to help fellow veterans and the community as a whole.   Staff assigned to the program from Conley’s office, the Trial Court, and the Probation Department received the Outstanding Advocacy Award from the Department of Veteran Affairs in June.

Walker is currently assigned to the DA’s Juvenile Unit, which emphasizes intervention and diversion over incarceration in an effort to prevent young offenders from further contact with the criminal justice system.

“Brett has shown a commitment to our goal of seeking the best and fairest results, inside and outside the courtroom,” Conley said.  “He’s truly a rising star in this office and the wider legal community, and I’m so proud of his accomplishment.”

Walker was nominated for the ABA honor by faculty of his alma mater, Boston College Law School.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Aug. 5, 2016—The Massachusetts Appeals Court today affirmed the murder conviction of a man found guilty in the 2009 shooting death of 32-year-old Carl Bonnie, Suffolk County District Attorney Daniel F. Conley said.

In an unpublished decision released today, the Appellate Court denied a new trial for TREVOR “SPECIALIST” HIGGINS (D.O.B. 10/22/74), who was convicted of second-degree murder and unlawful possession of a shotgun in connection with the shooting that claimed Bonnie’s life during a drug deal.  A second man involved in the shooting, GREGORY “BUDDHA” KNIGHT (D.O.B. 5/16/82), pleaded guilty to his role in the homicide prior to the trial.

Among other claims, Higgins argued on appeal that Knight’s sister and step-mother should not have been permitted to identify Higgins during their testimony at Higgins’ trial.  The Appeals Court, however, ruled that the identifications were made in accordance with the procedures in place at the time of the trial.

He also argued testimony by the two witnesses recalling conversations with Knight should not have been allowed by the trial judge.  The court found that the judge properly admitted the majority of the statements; the one statement that was erroneously admitted, however, did not present the likelihood of a miscarriage of justice in light of the full evidence presented against Higgins, which the court called “overwhelming.”

The court also found no error in the testimony of two additional civilian witnesses identifying Higgins and Knight in surveillance images, and that Higgins was not prejudiced by statements made in a prosecutor’s closing arguments.

Higgins was convicted at the conclusion of his November 2013 trial, in which prosecutors presented evidence and testimony to prove that Knight and Bonnie had sent text messages arranging to meet for a drug transaction at an apartment at 69 Clifford St. in Roxbury on Nov. 12, 2009.  Higgins, the evidence proved, was also present in the apartment in the moments leading up to the shooting and was armed with a shotgun.

Bonnie was fatally shot shortly after arriving at the location.  Higgins and Knight ran from the apartment and fled to Lewiston, Maine, in the days that followed.

Trial testimony ran about eight days. Jurors deliberated for about two days before convicting the defendant. After the verdict, which Higgins took stoically, he moved to shake the hand of the prosecutor who tried his case. As a cadre of court officers looked on, he did so quietly and briskly before being led to the lockup.

Assistant District Attorney David Fredette prosecuted the case at trial.  Cailin Campbell argued the case on appeal.  Katherine Moran is the DA’s assigned victim-witness advocate.  Higgins was represented by Sharon Dehmand.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, August 8, 2016—An Everett man was held on high bail at his arraignment today on charges of photographing up a woman’s skirt and possessing child pornography, Suffolk County District Attorney Daniel F. Conley said.

MARK BARRY (D.O.B. 6/11/65) was arraigned today in Charlestown Municipal Court on charges of photographing sexual or intimate parts without consent and possession of child pornography as a third offense. According to prosecutors, he was previously convicted of possession of child pornography in federal court in 2002 and of possessing child pornography as a second offense in Suffolk Superior Court in 2013 for which he is currently on probation after his release from a three-year prison sentence.  Those charges stemmed from an incident in which he was arrested for photographing up the skirt of a child on the MBTA, leading to the discovery of child pornography images on his phone.

At the request of Assistant District Attorney Nicole Poirier, Judge Lawrence McCormick set bail in the amount of $100,000. Also at Poirier’s request, McCormick ordered Barry not to work, volunteer, reside, or have unsupervised contact with children under 18; not loiter within 300 feet of any location where children regularly congregate; allow the Department of Probation to search his computers, electronic devices, and photos; not use the internet unless required for his employment; wear a GPS monitor; stay away and have no contact with witnesses in the case; and not use public transportation in the event he is to be released on bail.

Barry was additionally ordered held without bail for allegedly violating the terms of his probation.

Transit Police were called to Sullivan MBTA station shortly before 11:00 a.m. Friday for a report of a man, later identified as Barry, photographing up a woman’s skirt on an MBTA bus. The alleged incident was captured on the bus’ security camera.

Upon their arrival at the station, officers spoke with the victim and witnesses. They were directed to Barry, who was seated in a bench on the Orange Line platform.

Barry allegedly made statements admitting to taking the photographs and subsequently deleting them from his phone, prosecutors said. He gave consent for police to search his phone.

A forensic search of the phone by detectives assigned to the DA’s Special Investigations Unit revealed “upskirting” photos as well as graphic sexual images of children, prosecutors said.

Barry was represented by Christopher Donahue. He returns to court August 31.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, August 9, 2016—Two men were arraigned yesterday on charges of trafficking methamphetamines after an overdose at a Downtown hotel led to the discovery a large amount of drugs in their room, Suffolk County District Attorney Daniel F. Conley said.

JEFFREY BERTRAND (D.O.B. 12/30/85) of Everett and DYLAN DONAHUE (D.O.B. 8/29/92) of Granby were arraigned yesterday in Boston Municipal Court on charges of trafficking in more than 100 grams of methamphetamine.  Donahue was additionally arraigned on two counts of possession of a Class B substance.  Assistant District Attorney Daniel Nucci requested bail of $150,000 and orders that each defendant wear a GPS monitor, abide by a curfew, and stay away from the W Hotel in the event they are to be released on bail.  Judge Michael Coyne set bail in the amount of $2,000 and ordered that the men each submit to GPS monitoring and home confinement and stay away from the city of Boston in the event they are released.

According to prosecutors, Bertrand and Donahue were staying in a room at the W Hotel on Thursday night into Friday morning.  At approximately 4:30 a.m. Friday, Bertrand allegedly overdosed on drugs and was transported to a hospital for treatment.  As a result, hotel staff informed Donahue that the men were being evicted from their room.

Donahue gathered their belongings and left the premises.  However, staff at the hotel later discovered a bag inside a desk in the room that held a container of crystal meth, prosecutors said.  Police responded to the hotel and approached Bertrand and Donahue, who had returned to the location.

After speaking with the men, officers entered the room and observed the container found by hotel staff.  Its contents were weighed and determined to be 142 grams of suspected crystal meth.  Also inside the hotel room were a small briefcase-style safe, a silver bowl with crystal meth residue, multiple Ziplock baggies, hypodermic needles, and other indicia of drug distribution and use.

Based on their findings, officers placed Bertrand and Donahue under arrest.  In Donahue’s pockets, officers found a suboxone strip pack and a small baggie of suspected cocaine, prosecutors said.

Bertrand and Donahue return to court Oct. 5.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Aug. 10, 2016—An off-duty Cambridge police officer has been charged with beating a man in Revere during an altercation last month outside a Broadway restaurant, Suffolk County District Attorney Daniel F. Conley said.

JONATHAN VICENTE (D.O.B. 11/5/90) was arraigned today in Chelsea District Court on charges of assault and battery, assault and battery with a dangerous weapon, and malicious destruction of property in connection with the July 10 incident. Vicente walked into court today for his first scheduled court date following his July 11 arraignment for disturbing the peace, and as a result was released without monetary bail. Judge Matthew Machera ordered him to stay away from the victim and witnesses in the case.

Assistant District Attorney Vincent DeMore told the court that Vicente was among a group of men urinating in an alley outside Volare at about 2:00 a.m. When told by an employee to respect the establishment, Vicente and the others allegedly engaged him in a verbal confrontation and began kicking a vehicle – parked in the same alley – that belonged to a different employee.

When the first employee yelled at them to stop, prosecutors said, Vicente and others began to punch and kick him, stopping only when another employee came into the alley. At that point, Vicente and his associates fled the scene.

Revere Police were called to the scene and were provided with a description and license plate number for a vehicle in which one of the alleged assailants fled. Revere Police stopped that vehicle a short distance from the scene. Inside were Vicente and another man; Vicente had abrasions on his knuckles and blood on his shirt.

When asked to step out of the car, Vicente allegedly became belligerent with the Revere officers, yelling that his rights were being violated and that he was “on the job.” As the officers updated a supervisor at the scene, Vicente allegedly interrupted them loudly several times, and the officers took him into custody for disturbing the peace.

As a result of continued investigation by Revere Police detectives, Vicente was positively identified as one of the men who beat the victim. The identities of the other assailants remain under investigation; anyone with additional information is asked to share it with investigators at 781-284-1212.

–30–

All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.