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 JUVENILES AND ADULT ARE ARRESTED IN CONNECTION WITH STOUGHTON CVS SHOOTING

 

Usually, a stroll to the local CVS Pharmacy is something that you can assume will be non-eventful.

Not in Stoughton. Not last week.

Last week, three kids allegedly entered a Stoughton CVS, had words with another teen and then shot him.

The victim was shot in the shoulder and suffered a non-life-threatening injury.

There was apparently a surveillance video, which has been watched by law enforcement.

As the week ended, the CBS  reported that police arrested a 15-year-old and a 16-year-old, alleging that they (collectively, the “Juveniles”) were two of the three kids involved. Thereafter, an arrest warrant was issued for the third suspect, the suspected gunman.

The alleged gunman is not a juvenile, but 23-year-old Marcus Pierre-Lewis.

While law enforcement indicates the belief that the shooting was not gang related, they claim that the shooting was not a random act.

This would seem to indicate that the police got statements from someone. Or someones.

Today, CBS reports that Mr. Pierre-Louis was taken into custody last night in Dorchester.   Not too helpful to him, he allegedly had a loaded firearm at the time of his arrest. The gun will be tested to determine if it was the weapon used in the shooting at CVS.

While the Juveniles’ cases are handled in Juvenile Court, thereby not fully reportable, Mr. Pierre-Louis is scheduled to be arraigned in Roxbury District Court this morning and then transported to Stoughton. He faces various charges including attempted murder, illegal possession of a firearm, illegal possession of ammunition, contributing to the delinquency of a minor, & child endangerment.

Attorney Sam’s Take On  When JuvenilesTalk First

Sometimes, it is good to be young.

If the Juveniles had been older, their cases would likely be prosecuted along with Mr. Pierre-Louis’. It is quite possible that his case is en route to being indicted and winding up in Superior Court.

One never knows, of course, but I would suspect that the Juveniles, or at least one of them, aided the apprehension of their adult counter-part to some degree. Knowing nothing about the case personally, I base that assumption upon years of experience and a hunch.

And it might just make the difference between an indictment in the Juveniles’ cases or simply prosecution on the juvenile complaint.

“If the Juveniles were making statements, why would the police take their word for anything? After all, they were alleged to be part of the altercation.”

It is important to remember a point which we have discussed many times. Law enforcement generally believes statements which come early…particularly if the theory it supports is consistent with the one they already have.

Particularly when the suspect still being sought turns out to have a loaded firearm in his possession when arrested.

“So, if the Juveniles do cooperate with law enforcement and actually testify against Mr. Pierre-Louis, is there any possible defense for him?”

Of course there is. Especially if the gun that was seized does not match the ballistics in the shooting.

“Why? I can’t imagine that a defense that he was caught with ANOOTHER gun is going to help him.”

No?

A large part of the defense would likely be that the Juveniles had a motive to lie to the police. In fact, it might even be suggested that one of them might have been the shooter. And perhaps they knew that Mr. Pierre-Louis carried a gun (the gun he was found with) and so they pinned the shooting on him.

On the other hand, we have no information that the Juveniles did cooperate. Further, we do not know what the video shows.

But, not have a defense?

Never.

They just need an experienced and imaginative defense lawyer to help present it.

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