Dedham man shoots wife and daughter before turning the gun on himself

December 7, 2010,

Dedham, Massachusetts resident William Spada shot his wife Patricia Spada then his daughter Deidre Spada before turning the gun on himself in a domestic violence incident which left him and his wife dead and his daughter in the hospital in critical condition. The daughter's boyfriend was an eyewitness who narrowly escaped the shooting by running out of the house.

Massachusetts has a zero tolerance policy towards acts of domestic violence. If police respond to a home and a party alleges that a threat or an assault occurred they will make an arrest. This is done to avoid the police getting blamed for not diffusing what later can be an explosive situation as the one which occurred yesterday at the Spada home.

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Framingham teenager swallows white baggie suspected to be cocaine after car stop, fights with Framingham police

December 2, 2010,

A Framingham teenager was pulled over by police for not using his signal to make a turn. When the police approached him to ask for his license and registration he made a quick movement to the center console where the officer saw a small baggie with a white powdery substance in it he believed to be cocaine. The teenager struggled with the officer and eventually was able to swallow the baggie. He was charged with assault and battery on a police officer, resisting arrest, failing to provide license and registration and not using a turn signal.

As a criminal lawyer in boston it is not unusual to see attempts to destroy drugs when police approach. Swallowing drugs obviously can be very dangerous, sandwich baggies cannot withstand the acid in ones stomach and the drugs are soon released into the stomach after digesting. It is not uncommon for people to overdose and die from swallowing even small amounts of drugs.

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200 pounds of Cocaine seized in Revere by Federal and Massachusetts state agents

December 1, 2010,

State and Federal agents tracked the delivery of 89 kilos of cocaine from Texas to Revere, MA where they then busted Gilberto Padilla and Rafael Montero as they removed the drugs from a hidden compartment under the trailer. Both defendants were charged with Trafficking in over 200grams of Cocaine and were held on 5 million dollars bail.

Trafficking in Cocaine has different levels associated with it. Trafficking in over 200 grams carries a mandatory minimum sentence of 15 years, trafficking in cocaine over 100 grams is a 10 year minimum sentence, Trafficking in over 28 grams is a 7 year sentence and Trafficking in over 28 grams is a 5 year mandatory sentence. Trafficking means that you are in possession of such a large quantity that it is presumed that your intent is to distribute the drug. Trafficking in heroin is similar in that the amount of grams drives the mandatory minimum sentence. Trafficking is basically a possession with intent to distribute charge based on the amount of drugs. Possession with intent to distribute cocaine or heroin is a separate charge which can be proven by how smaller amounts of drugs might be packaged, individual small baggies, or whether evidence of distribution exists such as scales or large amounts of money.

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Amorello admits to operating under the influence (OUI) in Haverhill district court related to a car crash in August

November 30, 2010,

Matt Amorello the former chairman of the Massachusetts Turnpike Authority admitted in Haverhill district court to operating under the influence related to a car crash back in August in which he struck two parked vehicles and then continued to try and drive his vehicle after one of the wheels had fallen off. He refused the breathalyzer at the time, causing a loss of license for 180 days and today received a further 45 day loss of license after making his admission.

Amorello was charged with Operating under the influence in Massachusetts, as a first time offender he is eligible to receive an alternative disposition which allows for a person to waive his rights to a trial and make an admission at which time a Judge may not find him guilty but rather continue the case without a finding (known as a CWOF) usually for a one year period in which the person is on probation. An alcohol class must be completed, it is essentially a drunk driving course which is one evening a week for approximately sixteen weeks. The drunk driving charge carries fines and fees totaling close to one thousand dollars. Once a person signs up for the Alcohol course they then can apply for a hardship license also known as a Cinderella license which allows a driver to drive for a twelve hour period every day. If the person pays all the fines and completes the program and probation without picking up any new charges the case will be dismissed at the end of the term of probation.

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Drunk to stay warm defense works against drunk driving charge

November 30, 2010,

A Missouri man whose car slipped off an icy road had to wait two hours before emergency workers arrived to help him. When police arrived they found him intoxicated. A jury found him not guilty based on his testifying that he did not drink alcohol before driving but only after he slipped off the icy road and was waiting for help. He drank to keep warm until help arrived.

In Massachusetts the Commonwealth to prove operating under the influence, or OUI, (DUI), has to show that you were impaired by alcohol and were driving on a public way while impaired. Usually this evidence comes in the form of a police officer observing how a suspect was driving, then pulling the person over and testifying to how that person appeared, smelled, acted and what he said during the stop and field sobriety tests. It is not usual for such a long period of time to pass between an accident and when help arrives that a person can claim that the act of drinking took place after the accident while awaiting the police.

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Woman on bus from Mattapan to Forest Hills assaults bus driver by spitting on her and hitting her with metal pipe

November 29, 2010,

A woman was arrested in Boston on Sunday for assault and battery with a dangerous weapon for spitting in the face of a bus driver and hitting her with a metal pipe. The assault occurred in boston on a bus from Mattapan to Forest Hills after the bus driver insisted the woman pay her fare. The woman was found a block away from her stop by Boston Police. While leaving the bus she spit on the driver and then removed a metal pipe and hit her in the arm with it.

Assault and battery charges in Boston can be issued in variety of ways, from simple assault and battery, assault and battery on a police officer or public employee, domestic assault and battery, or if a weapon is involved you can be charged with Assault and battery with a dangerous weapon, kicking someone with a shoe or boot can be considered a dangerous weapon.

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Chelsea man dies from Thanksgiving day assault by two others, boston police still searching for suspect

November 26, 2010,

A fight in Chelsea led to the stabbing death of a 30 year old man yesterday. Witnesses said the men appeared to know each other and are searching for the suspect, Carlos Ramirez was stabbed in the chest and later died at the Hospital.

Had Ramirez not died the suspect may have been charged with Assault and Battery with a dangerous weapon but now the charge will be manslaughter or murder. The different types of charges that can be charged are: First degree murder which requires a showing that it was executed with extreme cruelty, deliberate and premeditated malice, or murder resulting from the commission of a capital felony. Second degree murder, murder committed with malice aforethought or during the commission of a non-capital felony. Involuntary manslaughter, an unintentional, wanton and reckless killing or an unintentional killing resulting from a battery. Voluntary manslaughter, the unlawful killing of another upon reasonable provocation and without premeditated malice or from the excessive use of force in self-defense

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Suspect arrested for armed home invasion in Quincy one person shot another taken hostage

November 22, 2010,

The police have reported that two men, one of them Jose Lorenzo, entered a home in Quincy and encountered four occupants. One occupant was shot in the head but survived a second man was taken hostage and was later released in Dorchester. The two suspects made off with a flat screen TV, computers and cash. It is alleged that Lorenzo's DNA was found at the scene.

Jose Lorenzo is charged with Armed Assault with Intent to Murder, Assault with Intent to Rob, Armed Robbery, Home Invasion, Larceny of a Motor Vehicle and Kidnapping.

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