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.

Dorchester College Student Is Arrested For Bringing Gun To School

A Dorchester college student is currently being held without bail after being arraigned at Dedham District Court. According to law enforcement, the lad, Darryl Max Dookhran, 18, (hereinafter, the “Defendant”) was carrying a semi-automatic firearm in his backpack at Massachusetts Bay Community College in
According to the Wellesley police, detectives acted on a tip that the Defendant had the gun. They say that they then approached the Defendant as he was standing in line at the registrar’s office. They then walked him into a nearby room. The Commonwealth says that the Defendant, upon this confrontation, backed against a wall and then kicked at detectives when they attempted to pat him down.

What followed, according to the Commonwealth is described as a “furious struggle with police”

Detectives say they found a Tec-9 gun in his backpack, with a loaded 18-round magazine.

He apparently says that it is not his gun and he has no idea how it got into his backpack.

He stands charged with a number of crimes, including possession of a large capacity firearm, being a felon in possession of a firearm, illegal possession of a firearm, possession of a high-capacity ammunition clip, and resisting arrest.

Attorney Sam’s Take:

This is a classic example of someone making their situation worse.

First of all, there is no question that the prosecution was not going to believe that the mysterious machine gun simply appeared in the Defendant’s backpack unbeknownst to him.

However, if the Defendant had any hope of arguing to a jury that he did not know about the gun, he has made it even harder on himself by struggling with the police.

First of all, struggling with the police has earned him another criminal charge. It has also given the Commonwealth additional evidence of “consciousness of guilt”. If the Defendant did not believe he had something to hide, why struggle with the police?

Of course, people who are used to the criminal justice system know that there may be many reasons why someone would struggle with the police. However, a jury is not likely to be so versed. They will simply go to the most obvious reason….that he knew he was being caught with his gun.

The Defendant clearly has other criminal justice issues beyond this case. At the ripe old age of 18, he has already been convicted of a felony.

“So, Sam, there is no defense?”

You know me better than that if you are a regular reader to this daily blog.

First of all, there may well be search and seizure issues regarding the recovery of the gun. Should the defense be successful in challenging the seizure of the gun, the gun will be suppressed. This means that the Commonwealth will not be able to use it against him. No gun…..no case. I suppose The prosecutor might still be able to go for resisting arrest, but that is the least of the Defendant’s problems at the moment in terms of a potential prison sentence.

I wonder what the Defendant’s prior case was about. Could it have had something to do with an assault? What if it were and, as an aftermath, the Defendant still had some enemies out there? Most people know that being found in possession of a gun is big trouble. Many people know that if you are found in possession of the gun and you have already been convicted of a felony that is even more trouble. Of course, if the Defendant is still on some kind of probation from that earlier felony, which is quite likely, this arrest in and of itself is a violation of probation and is enough to send him to prison.

Of course, in this modern era, tests may be able to be performed on the gun to check for
fingerprints, hair or DNA on the gun to see if anything matches the Defendant..

The bottom line is that the Defendant is in a lot of trouble. Trouble that could forever alter any plans he had for the future. This means it could not get much more serious.

If he has not already, my suggestion would be to get an experienced criminal defense attorney to guide and defend him.

If you have a criminal case and would like to discuss it with me, , please feel to call me to arrange a free initial consultation at 617-492-3000.

To view the original stories, please go to : http://www.boston.com/news/local/breaking_news/2011/02/mass_bay_studen.html and http://www.boston.com/news/local/breaking_news/

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