Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Massachusetts Larceny Suspect Tries To Escape Police And Now Faces Felony Charges And More Jail Time

It has been awhile since the daily Boston Criminal Lawyer Blog has received news from the “Hey, I’ll Bet I Can Make This Situation Worse” Club. Months ago, their members appeared quite frequently in my postings. Not to worry, though. They are back and one unfortunate member needs a criminal lawyer.

The story may strike you as familiar.

This incident took place yesterday, May 12th. The previous incident to which I refer was the subject of this blog on March 12th.

Yesterday’s scene, according to the Boston Herald, took place at the Natick Collection mall. A couple were out together, enjoying enjoying an afternoon of nice weather and theft. Lt. Brian Grassey says that, at approximately 4:00pm, two plainclothes detectives from Natick police were at the mall “and made observations of what appeared to be a store larceny unfolding right in front of them.”

In other words, shoplifting.

The suspects were a man and a woman. Mall security chased the couple from a Sunglass Hut. When the woman was detained, the gentleman decided the date was over and took off. She has been charged with shoplifting in excess of $100 and conspiracy.

While the gentleman’s evening activities with his lady-friend may have been over…the officers felt that they were deserving of some quality time with him too. They followed the man outside and detectives saw him get into his car to leave the area.

“One detective went to the driver’s side and ordered the driver to shut the car down,” Grassey said. The other detective is said to have gone to the passenger door, giving the gentleman the same order. Determined to end his evening outing immediately, the suspect is reported to have put the car into reverse and struck one of the detectives.

And so the car chase was on.

The result of the chase was as one would expect.

He lost.

It ended on Route 495 north in Bolton after state troopers ended it by blowing out the suspect’s sedan tires with stop sticks.

The front passenger door was still hanging off the vehicle from where it had hit a plainclothes Natick detective, a source said.

The detective was “transported to the hospital for observation,” Grassey said. “We do not know the nature of the injuries. They are not believed to be serious.”

…and so you have it. While his gal pal faces misdemeanor charges for shoplifting, our latest nominee for the infamous HIBICMTSW club faces the same shoplifting charge, but, now, it is accomopanied by charges of conspiracy, Massachusetts assault and battery with a dangerous weapon, assault and battery on a police officer, assault to kill, resisting arrest, failure to stop and creating a nuisance.

Yes, some of those are felony charges.

Attorney Sam’s Take:

Trying to escape from the scene of the alleged crime while being pursued by law enforcement is worse than an exercise in futility. It is a sure bet to make your circumstances worse.

In this case, had the male suspect simply stayed with his female cohort, he would be looking at misdemeanor charges…most likely released on low, if any, bail, and probably been able to make a decent deal, if necessary. However, due to his approach, he is facing more serious charges, could have actually ended up with a murder charge, endangered his bail possibilities and handed the prosecution evidence of “conciousness of guilt” to use against him should the matter go to trial.

Remarkably enough, we covered a very similar story from the same town, same initial crime, same mall and same male/female operaton with the male making a “break” for it and the female simply being easily apprehended. Not only that, but the same police spokesman, Lt. Grassey, was the officer in that case as well.

Of course, in that case, the guy got away…for a time.

Chivalry is apparently not a priority in Natick.

The full article of this story can be found at http://www.bostonherald.com/news/regional/view/2009_05_12_Police:_Fleeing_shoplifting_suspect_strikes_cop_with_car:_Man__accomplice_both_facing_charges/srvc=home&position=recent

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