Articles Posted in Illegal Weapons Possession

…And then there is the story of Dorchester’s 28-year-old Yongda Huang Harris (hereinafter, the “Defendant”). His tale of woe seems a natural follow-up to yesterday’s blog when we discussed how things you say can get you into trouble.

For the Defendant, it was what he wore.

You see, the Defendant was heading home to the Commonwealth from Los Angeles International Airport, where he had a stopover on the way from Japan. He was in the airport when a customs agent’s attention was drawn to the fact that the Defendant was sporting some unusual clothing.

The Defendant was sporting a bulletproof vest along with the matching flame-retardant leggings and trench coat.

Curiosity aroused, the agents searched the Defendant’s luggage where say they found an array of items which got even more interesting. They say that the weird weaponry and other items they found included a smoke grenade, a hatchet, three knives, leather-coated lead-filled billy clubs, leg irons, handcuffs and body bags.

Interest turned into arrest due to the smoke grenade. The charge was charge was transporting hazardous material on an airplane. It is a charge to be answered in federal court.

The Defendant has retained L.A. Attorney Steven A. Seiden. Chris Williams, a spokesman for Seiden (who, in turn, would be speaking for the Defendant) has explained that this is one of those molehills transitioned into a mountain.

He claims that the interesting get-up and accessories were simply the Defendant’s latest fashion choice from the Far East, from whence he was returning.

“It was more of a fashion accessory than anything else,” explained Williams. “When you’re living abroad, you try to assimilate. And the Japanese kids, sometimes they wear wrestling shoes or knee pads. … When you’re in Japan, these kids wear unique little outfits.”

The Defendant is a naturalized U.S. citizen of Chinese descent and a graduate of Boston University’s Metropolitan College. While in Japan, he had been teaching English.

Attorney Sam’s Take On Questionable Fashion Statements

Well, now you know why Batman never travels in a commercial airplane.
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Things in Malden are getting just a little more intense. After four episodes of gun violence culminating in a September 10th shooting of one teenager by another (allegedly) in broad daylight on a busy street, police are taking action. This action is summed up in one word.

Sweep.

Officers from two regional departments swept through Malden parks and common areas looking for drugs and guns, city officials said. Unfortunately, they admit, nobody was arrested and no weapons were found…but a small amount of marijuana was found and confiscated.

As you may recall, possession of a small amount of marijuana is no longer an arrestable crime.

“This to me was more about perception than it was about looking to make actual arrests,” said Mayor Gary Christenson, who made public safety one of the focuses of his campaign when he was elected in November 2011. Not surprisingly, then, the sweep was deemed a success.

Attorney Sam’s Take On Police Sweeps And You

Despite my typical sarcasm, there are two pieces of good news in this story…and then one bad one.
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On Wednesday night, at approximately 9:53pm, according to reports, Boston police officers assigned to the Youth Violence Strike Force were patrolling an area near Lyford and Oakhurst Streets, not far from the border between Dorchester and Mattapan, when several shots were heard. Police then saw several males chasing a single male, hopped out of their cruisers, and ordered the minors to stop. Only the one who looked like he was being chased obeyed. He then explained that the pack he was fleeing had shot at him.

Police soon found a male trying to hide by lying in the backyard of a nearby house. The suspect had several rounds of ammunition in his pocket and a gun consistent with that ammunition was found close by. Several spent rounds were also discovered. The young male was charged with unlawful possession of a firearm and ammunition, and discharging a firearm within 500 feet of a dwelling. While being taken away the sixteen year old allegedly asked how much time he was going to get.
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Yesterday,Attorney Sam’s Take discussed a fatal drunk driving incident from over the Labor Day Weekend. Today we deal with another automobile – related story. This time, it was what was found inside the car which is of import.

Somerville police say that they recovered eight handguns, six of which were fully loaded, during a traffic stop on Medford Street during the weekend.

The incident took place at around 4:00pm on Sunday. Somerville police pulled over a 2004 BMW for speeding. During the traffic stop, the driver, 37-year-old Sherwood Gustave of Mattapan, found himself in a bit more trouble. He was arrested for operating after his license was suspended.

But the trouble was not to end there.

Officers say that they spotted an empty gun holster in the rear seat of the vehicle. This triggered a more in-depth search of the car, officers said, which revealed eight pistols, six of which were loaded. Two of the firearms have been found to have been stolen according to law enforcement.

Mr. Gustave was not alone in the vehicle. There were two passengers in the car as well. They were arrested as well and are identified as Anthony Paulino, 18, of Somerville, and Gunter Vital, 47, of Cambridge.
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A routine traffic stop in Somerville this past Sunday, September 2, 2012, at around 4pm ballooned into a much more significant event. Officer Robert Hickey was working routine traffic enforcement duty when he noticed a 2004 BMW speeding on Medford Street. After following the car and watching it increase in speed, he activated his sirens and pulled the car over by Thurston Street. The driver, Sherwood Gustave, 37, of Mattapan was arrested after it was revealed that he had been driving with a suspended license.

After backup police arrived, an empty pistol holster was discovered in the backseat of the BMW. This discovery led to a thorough search of the vehicle which revealed eight handguns in total. Six of them were loaded. Later, it was confirmed that two of the handguns had been reported as stolen. Neither Gustave nor either of the two passengers possess a license to carry firearms. All three were charged with unlawful possession of handguns and ammunition. Sherwood Gustave was also charged with driving with a suspended license and speeding. The trio of suspects were presumed to be arraigned in Somerville court this Tuesday morning. There has not yet been any word from their legal counsel.

Chief Thomas Pasquarello praised the work of his officers, extolling them for a job that helped to make their community a “little safer.” The following is a list of the discovered weapons:
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According to The Boston Globe, an investigation focused on alleged gang members in the Boston area engaged in drug dealing and “associated criminal behavior” has resulted in a drug raid and multiple arrests. According to authorities, police were originally looking for about 30 people, and about 19 are in custody thus far. The charges are reported to be largely drug- and/or weapons-related.

The investigation, which targeted the illicit drug trade in Charlestown, Jamaica Plain and Everett, was conducted by the Boston police and resulted in a large-scale operation given the name Operation Tourniquet. Many of the raids were targeting residences in the area.
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An East Boston High student may be wondering whether honesty is truly the best policy.

The Roxbury resident is a 17-year-old young man whom we will refer to hereinafter as the “Defendant”. He came into contact with law enforcement last Thursday when he entered his school at about 12:30 p.m. through an “unauthorized” door. As he did so, the officers say they “detected the odor of marijuana”.

The officers patted him down. According to the Commonwealth, however, they needn’t have bothered. The lad is said to have confided in the officers that, “I just have a little gun”.

Well, it was cute when then First Lady Nancy Reagan said it so long ago…!

The officers say that the cooperative Defendant also told them where to find the little gun (in his bag) and to be careful because “there’s one in the pipe”. The palm-sized Saturday Night Special was found and indeed had six bullets in the magazine and one in the chamber. They also found more marijuana on the Defendant.
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Hello. How is your Saint Patrick’s/Evacuation Day going? Various Massachusetts policepeople are particularly on guard today against people who might stereotypically drink alittle too much. Folks do strange things when they are drunk, and this blog has discussed many such incidents. One incident today, however, leaves many wondering if the gentleman responsible was drunk, disturbed or something in between.

A yet-to-be-determined suspect, believed to be a man, we’ll call him “Newton Gunman”, had best meet with a Massachusetts Criminal Lawyer since he fired his gun in Newton in a very unsafe manner. The police say he is “armed and dangerous” after he fired multiple shots into the back door of a closed jewelry store today, according to law enforcement.

Newton Gunman is described as male, wearing a dark, collared jacket, and a hooded sweatshirt with jeans. According to the reports, Newton Gunman fired at least eight shots with his Newton handgun, silver in color, into a glass door at Cristofori Jewelers on Watertown Street just before 4:30 p.m.

While there were three employees inside, nobody was hurt..

Attorney Sam’s Take On Massachusetts Assault And Gun Crimes

Over the years, I have come upon various kinds of clients. Some say they don’t know what the Commonwealth is talking about when they bring nasty criminal allegations. Some have stories that make me think, “there but for the grace of G-d go I”. Others leaving me scratching my head and tilting it at various uncomfortable angles trying to find the one through which their little adventure seemed like a good idea at the time.
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This week has not been a good one as far as the reputation of “higher learning” is concerned…and, for once, it had nothing to do with either drugs or bullying!

First of all, there is the case of Falmouth’s own Luk Van Parijs (hereinafter, “Penalized Prof.”, who has just pleaded guilty in Boston’s federal court to white collar crimes.

Penalized Prof. Is a 40-year-old former associate professor of biology from MIT. He was fired in 2005 for falsifying data in scientific papers. The papers concerned experimentation about generating a transgenic mouse in his lab. The charge was making a false statement in a federal research grant application, the US Attorney’s Office said. He is due to be sentenced in June. He faces the potential of five years in prison, three years of supervised release, and a $250,000 fine.

In 2009, Penalized Prof.’s career began to unravel when the federal Office of Research Integrity found that he had engaged in scientific misconduct by submitting the false data in numerous grant applications. He was also found to have falsified data in numerous scientific publications and presentations and one book chapter.

MIT’s embarrassment was shared today by a local law school today as well. Well, at least a student is embarrassed. And that’s the least of his problems now.

John Ethan Cassidy, a 26-year-old University of Massachusetts School of Law student (hereinafter, “Legal Gunner”) was arraigned today on a variety of firearms charges for allegedly possessing an AK-47 assault rifle and a 9mm pistol, Dartmouth police said. He was arrested yesterday evening as he left the school.

Legal Gunner had moved to the area in August 2010, police said in a statement. He was originally from Spring, Texas. Unfortunately, he was apparently also wanted on a warrant from that state. Law enforcement says he will also face charges at a later date of assaulting his roommate. The guns were apparently uncovered, along with large-capacity magazines and several hundred rounds of ammunition in his apartment.
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Recently, I was discussing a case with a client who was charged with possessing drugs with the intent to distribute in a school zone. It became clear that he had suddenly come into contact with the need to express a certain confusion.

It happened just after I explained to him, once again, that the School Zone count carried a mandatory minimum sentence of two years.

“Yeah, but they can’t send me to jail, even if convicted”, opined “Client X” (just think of him as a police officer who shot someone. They’re names are never revealed).

I asked him for the reasoning behind this legal opinion and he explained that he had a clean record and so, somehow, the mandatory minimum did not apply to him. I then reminded him that his record was far from clean. True, he had no prior convictions, but he had two pages of previous cases which had ended short of convictions, such as dismissals and a Continuance Without A Finding. Most of these cases, by the way had been drug cases.

“Ok”, he explained , moving happily along to Theory “B”, “but none of those cases involved this particular drug that they are charging me with now.”

The conversation became less happy when I explained that this did not really matter. In the vernacular, “drugs is drugs”. Particularly when the allegation is that you are selling them.

It is because of such misconceptions by those not trained in the law that I address today’s story.
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