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.

BOURNE GENTLEMAN IS ARRESTED FOR ASSAULT, WEAPONS AND DRUG CHARGES

Ever have one of “those days”?

Michael Barboza, 33, of Bourne (hereinafter, the “Defendant”) sure did.

It was one week ago today. The Defendant , just kept losing things.

First it was his temper.

He was allegedly involved in a road rage incident.

To start.

According to court documents, officers arrived to find a man standing next to a Volvo parked in the middle of the street who was speaking on a cellphone. Police say that the man had a bloody lip and red marks around his neck. When the man saw the officers, he is said to have yelled to them that “he just went into the house and he has a gun.”

The Defendant is said to have then come sprinting out of a nearby front door, running toward one of the police officers.

Court documents reflect that the officer drew his firearm and ordered the Defendant to the ground at gunpoint. In court documents, Ptl. Lucier said he drew his firearm and ordered Mr. Barboza to the ground at gunpoint. The Defendant apparently complied and was promptly arrested.

Loss Number Two – his liberty.

While handcuffing the Defendant, officers asked him where the gun was. He allegedly replied that he had a license to carry, and that the gun was inside the house.

Officers then questioned the man next to the Volvo about what had happened.

They were told that he had been driving north on State Road when a black pickup truck in front of him began to make a wide sweeping left turn so as to leave State Road and head onto Route 3. He said that he began to go around the truck when the vehicle swerved back into the northbound lane on State Road and blocked him in. He then said the Defendant then ran up to the his driver-side window and began to scream at him.

The man said he told the Defendant to get away from him or that he would have to protect himself. The Defendant allegedly continued screaming at him.

The man admitted that he then exited the Volvo and got into a physical fight with the Defendant.

The man claimed that he somehow got back into his car to call 911 and the Defendant went to his apparent property, returned with a metal rake and proceeded to smash the Volvo’s windshield.

Having apparently decided that the rake was not enough to send the appropriate message, the man said that the Defendant went back home with the rake and came back out with a silver semi-automatic pistol and pointed it at him. The man said that police then arrived at the scene.

According to court documents, officers proceeded to approach the house. They yelled for anyone inside to come out.

No response…at least audibly. The officers say that they did, however, receive an olfactory message. They received the very strong smell of marijuana.

The police proceeded to apply for and obtain warrants to search the house for the handgun, rake and marijuana. Upon executing the warrant, they say they found a silver KAHR Arms 9-millimeter pistol and a metal rake.

They said they also discovered an extremely extensive marijuana “grow house” operation. They said that the house’s interior had been modified to accommodate the cultivation of marijuana plants, and that more modifications were underway.

Hence Loss Number Three – gun, rake and weed.

Allegedly.

By the end of the day, the Defendant had gained criminal charges comprising of two counts of assault with a dangerous weapon (a gun and a rake), assault and battery, malicious destruction of property greater than $250, disorderly conduct, possession of Class C and D drugs with intent to distribute, and the cultivation of marijuana.

On Monday, he was arraigned in Bourn District Court, pleaded not guilty and was released on $10,000 cash bail.

Attorney Sam’s Take On How A Little Loss Of Temper Can Lead To A Criminal Justice Downfall

I hasten to point out that the Defendant, although facing a great many types of criminal charges is innocent unless and until proven guilty.

“Isn’t that kind of a joke in this case, Sam? I mean take the assault and weapons charges for example. The evidence seems pretty clear-cut.”

Well, let’s think about that. Most of the evidence about the event came from the gentleman immediately considered by the Commonwealth to be the “victim”. Of course, even by his own description, he should be charged with assault and battery.

“What?!?!?”

The law in Massachusetts is pretty clear when it comes to assault and battery and I can tell you that said laws are prosecuted regurally. A person has the duty to try to retreat from the situation…not escalate the situation. This is particularly the case when the person has a cell phone through which he can call for help.

According to the “victim”, he hopped out of his vehicle to engage in physical combat with the Defendant instead of trying to escape or call for help.

“What about the destruction of property, the rake and the gun use?”

Of course, all that took place after he left his vehilcle to engage in a physical fight. Further, as far as we know so far, the only description of how the damage took place or use of the rake and gun is from the “victim”.

What if he is not telling the truth?

“Why wouldn’t he be telling the truth?”

I don’t know. To avoid getting into trouble himself? After all, it is becoming better and better known that one of the best ways to avoid an arrest is to talk to the police first and become the “victim”.

“So how did he know about the rake and gun?”

Do we know that he did not know the Defendant and know he had a legal gun?

That’s right…legal gun. Assuming the Defendant had a valid license which he seems to have had given he is not charged with possession.

“What about the near attack on the officer?”

Sorry…I must have missed that. Oh, you mean when the Defendant came out of his home and was heading to the officer? One would imagine anyone would do that if they had nothing to hide and wanted to give their side of the story.

Of course, he did not get to give that side of the story, did he? The officer had him down on the ground and cuffed before he even got the chance.

Of course, he did comply right away, didn’t he?

“What about the drugs?”

Well, I must remind you that this is a blog…not a book. I cannot debate the whole case at this point. However, two parting remarks:

1. Don’t always jump to conclusions simply because that is the first spin you are given;

and
2. Have a great, safe and law-abiding weekend!

For the full story upon which this blog is based, please go to: http://www.boston.com/news/local/massachusetts/2014/11/15/road-rage-bourne-leads-discovery-marijuana-growhouse/s5kqYY7UDF8CN0hRTZpmBP/story.html?s_campaign=8315 and http://www.capenews.net/bourne/news/road-rage-incident-leads-to-discovery-of-marijuana-growing-operation/article_ac780660-70e6-11e4-ae38-730e3cb9dade.html

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