Manslaughter

August 26, 2009

Suspect Driving With Suspended License Arrested After Leaving The Scene Of An Accident

It’s been awhile since the Boston Criminal Lawyer Blog reviewed a story about a high speed chase. Today we discuss a racer who recently tried his luck against law enforcement. He won the runner – up prize; namely, the need for a criminal defense attorney.

The nearly 30-minute chase began after the Defendant fled from the scene of an accident. He is also said to have been driving with a suspended license.

James P., 42 of Pembroke (hereinafter, the “Defendant”) led the police on the chase on Sunday. The chase included driving in the wrong direction on each side of Route 24, speeds up to 90 miles per hour and sparks flying from two of his tires that were worn down to the rims. It ended with the Defendant’s arrest…seven years to the day after police had arrested him after another high-speed chase.
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August 25, 2009

Michael Jackson Update : Fatal Dosage Of Drugs Ruled Homicide

by Altman & Altman

According to law enforcement, the Los Angeles County Coroner has ruled that Michael Jackson’s death was a homicide.. On Monday, court documents were released that indicated that Jackson died of an overdose of propofol, a powerful sedative he was given to help him sleep. This, of course, increases the likelihood that Doctor Conrad Murray is about to experience the criminal justice system as he has been the apparent target of the manslaughter investigation. Be assured, though, his lawyer is prepared.

Dr. Murray’s attorney has already begun the defense by claiming that the police timeline of Jackson’s death is not accurate. Dr. Murray himself, who was said to be cooperating with the police investigation, released a YouTube video last week, as if from a bunker, thanking his supporters. This week, his position is that he told police the truth, but that said truth has been ignored or changed.

The bottom line for the coroner, however, is that the fatal combination of drugs given to Jackson hours before he died on June 25th in his rented Los Angeles mansion acted together with to cause Jackson’s death.
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July 30, 2009

Boston Wonders If Doctors Will Be Arrested For Homicide In Michael Jackson’s Death

by Altman & Altman

Between press conferences that threaten to bring the Professor Gates’ arrest for disorderly conduct back into headlines, Boston joins the rest of the world in watching the latest Michael Jackson thriller. This time, it features potential clashes between the legal and medical professions and may well end up starring over a dozen doctors teamed up with their very own criminal defense attorneys.

Los Angeles detectives and coroners have been very busy gathering information on doctors who have treated Michael over the years. In fact, their pursuits have included making the requisite showing to courts in order to get subpoenas and search warrants to obtain medical files and search residences as well as offices.

It has apparently been determined that Jackson was taking a lot of drugs. No, we are not talking about illegal drugs such as cocaine and heroin. These are legal drugs…so long as you have a valid prescription. However, when misused, they can be life-threatening. It is said that Michael used more than two dozen aliases in order to get these drugs. Nineteen of these identities are apparently mentioned in affidavits used by law enforcement to secure search warrants in their investigation. These 19 were said to have been used in connection with Dr. Conrad Murray.

Dr. Murray was apparently Jackson’s primary doctor who had a very “hands on” attitude when it came to Michael. According to according to Kai Chase, a professionally trained chef hired by Jackson to, ironically enough, maintain a healthy food regimen, Dr. Murray was at the scene of the death. On that morning, however, Dr. Murray did not follow his usual procedure of taking Michael his breakfast foods and bringing down his oxygen tanks.

On the day that Jackson died, Ms. Chase saw the doctor do neither…which was a sign that something was wrong.
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July 29, 2009

Was Michael Jackson’s Death a Crime? Investigators Search Home of Pop Star’s Personal Physician

by Altman & Altman

Investigators are going through the Las Vegas office and residence of Dr. Conrad Murray, Michael Jackson’s personal physician. The search is part of their probe into whether or not criminal charges will be filed in the death of the pop star.

The King of Pop, 50, died on June 25, 2009 from cardiac arrest. Jackson’s untimely death not only caught the world by surprise but also caused speculation about the cause of his death. Final autopsy results are expected this week.

The latest searches involving Murray are taking place after a source familiar with the investigation told CNN that the doctor gave Jackson the drug that they believe killed him. The source says that Murray allegedly administered propofol to the singer (also known as Diprivan) just 24 hours before his death.

Assistant Special Agent in Charge Mike Flanagan, a spokesperson for the Drug Enforcement Administration, says the details of the search warrants have been sealed by a judge and cannot be revealed.

Last week, authorities in Texas went through Murray’s storage unit and medical office in Houston searching for evidence related to possible manslaughter. Investigators took Rolodex cards, certain medications, including clonazepam and phentermine, a computer, a couple of hard drives, and numerous documents.

Police have spoken with Murray two times since his death. The doctor’s attorneys, however, are refusing to comment about rumors and statements made by unnamed sources. They say that their client never administered or prescribed any medication to Jackson that would have caused his death.

Murray was the doctor with Jackson when he died. Jackson had hired him as his personal physician and was reportedly paying him $150,000/month.
Police search Jackson doctor’s home, office, CNN, July 28, 2009
Michael Jackson’s doctor becomes focus of manslaughter probe, LA Times, July 24, 2009
Related Web Resources:
Michael Jackson Dies, TMZ, June 25, 2009
Michael Jackson Funeral
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July 16, 2009

Abington Man Accused of Aggravated Assault in Barking Dog Incident Now Charged with Manslaughter

by Altman & Altman

In Massachusetts, 49-year-old Abington resident Michael McGunigle is now charged with manslaughter over the death of another Abington man. McGunigle, 48, is accused of punching Brian Cherry on July 6 during an argument.

The altercation between the two Abington men allegedly occurred after Cherry asked McGunigle to restrain his dog. McGunigle’s pet was barking, jumping at people, and scaring some of kids.

Cherry, who was knocked off his feet by the alleged punch, landed on the pavement. His head struck the ground and he sustained traumatic brain injuries. He died on Sunday.

McGunigle had initially been charged with aggravated assault over the incident. He pleaded not guilty and was out on $3,000 bail. After an autopsy was conducted on Cherry’s body, however, the Plymouth district attorney’s office changed the criminal charge to manslaughter. They are calling Cherry’s death a homicide because his cause of death was injury due to blunt force trauma.

Today, McGunigle turned himself in. At his arraignment in Brockton District Court, the Abington man was ordered held on $50,000 bail.

McGunigle maintains that Cherry was the aggressor.

A Massachusetts criminal charge for manslaughter is a serious offense that could lead to years behind bars if you are convicted. It can be especially tough to receive the fair trial that you are entitled to if the court of public opinion is against you. For instance, the media may portray you in an unflattering light or tell the story about your case in such a way that you appear to be guilty even if you haven’t been convicted in a court of law.

A good Boston criminal defense law firm will know how to navigate through the obstacles that can get in the way of you getting the fair treatment that you deserve under Massachusetts law.

Fight over barking dog leads to upgraded manslaughter charge, Boston.com, July 15, 2009
Wife: Man In Coma After Dispute Over Dog, WCVB TV, July 9, 2009
Related Web Resource:
Manslaughter, The General Laws of Massachusetts Continue reading

December 30, 2008

Defendant’s Lawyer Argues That Boston Area Client Who Killed Boyfriend Is The Victim

by Altman & Altman

Slightly north of Boston, this week began with another romantic entanglement that spilled into the halls of justice. This time, it was substantially more tragic than our tale in yesterday’s daily blog. This time, somebody died. The prosecutor says that the killer is a criminal. Her defense lawyer, however, says she is the true victim, a victim of domestic violence.

Kimberly S, 30, of Somerville (hereinafter, the “Defendant”) was arraigned yesterday for murder. She is charged with plunging a kitchen knife into the chest of her boyfriend this past weekend. However, she claims that the killing of Amaldo A., 42, (hereinafter, the “Deceased”) was done in self-defense.

The Defendant, who claims to be a longtime victim of domestic abuse told police that she killed her boyfriend in the midst of another argument, according to a defense attorney and a police report filed today in court.

“Yes, I stabbed him, but he attacked me first,” the Defendant told police, according to the report.

In Somerville District Court, she pleaded not guilty to a murder charge and was held without bail. Defense attorney Maria Curtatone pointed to what she described as bruises on her client’s neck, chin, and forehead as evidence of chronic abuse.

Assistant Middlesex District Attorney Marian T. Ryan acknowledged that the couple had a history of domestic violence at their Greenville Street apartment. Neighbors said, however, that the Defendant was often the aggressor, Ryan said in court . The prosecutor also indicated that the smaller-in-stature Amado was too “embarrassed” to report the abuse.
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December 28, 2008

Pelham, Massachusetts Police Chief Pleads Not Guilty to Involuntary Manslaughter in 8-Year-Old’s Uzi Death

by Altman & Altman

Pelham Police Chief Edward Fleury has pleaded not guilty to charges of involuntary manslaughter in the death of the Christopher Bizilj. The boy, 8, died after he accidentally shot himself with an Uzi at the Machine Gun Shoot and Firearms Expo in Westfield, Massachusetts. He also pleaded guilty to four counts of furnishing a machine gun to a person under 18.

Fleury is the owner of OPS Firearms & Training, which promoted the October gun show. If convicted for involuntary manslaughter, the police chief could spend up to 20 years in state prison and up to 10 years for the other charges.

On October 26, Christopher lost control of a 9mm micro submachine gun when it recoiled on him. His father was nearby, getting ready to take his son’s picture when the fatal accident happened. The Micro Uzi’s rate of fire is 1,700 rounds/minute.

According to District Attorney William Bennett, Fleury made a mistake when he told the two men who brought the gun to the expo that Massachusetts law allowed for children under 18 to use the submachine weapon. Last week, Domenico Spano and Carl Giuffre pleaded not guilty to involuntary manslaughter charges.

The Westfield Sportsman’s Club, where the gun show took place, has also pleaded guilty to involuntary manslaughter. The club’s attorney says that no one from the club or who was acting for the club provided the Uzi involved in Christopher’s shooting death. At least three other children reportedly fired the gun at the expo.

Involuntary Manslaughter
An involuntary manslaughter charge involves a crime where the defendant did not mean to cause the victim’s death.

Mass. police chief pleads not guilty in Uzi death, AP, December 23, 2008
2 Plead Not Guilty to Manslaughter in Boy’s Uzi Death, Fox, December 15, 2008

Related Web Resources:

A Brief Overview of Massachusetts Homicide Law, Mass.gov
Massachusetts “Gun Fair” Where Child Was Killed With Machine Gun May Have Violated Gun Law, Brady Campaign Continue reading

December 8, 2008

Massachusetts Bank Robbery Suspects Continue To Engage Police In High Speed Chases And Win… Larger Criminal Sentences

by Altman & Altman

Happy Monday. How did you start your weekend? I hear a lot of people went shopping. At Altman & Altman, LLP., we moved our offices next door.

In Fitchburg, Massachusetts, a gentleman had a high speed chase with an officer.

As usual, he did not win. He did, however, manage to injure a police officer, which successfully gained him membership into the infamous “Hey, I’ll Bet I Can Make This Worse” Club.

Of course, according to authorities, James T., 36 of Templeton (hereinafter, “Defendant 1”) had not exactly been the pillar of good judgment before the chase. There had already been a little matter of that warrant out for his arrest in connection with the robbery of the Fitchburg Savings Bank in Parkhill Plaza in April 2007.

Last Friday, police say that Detective Perry Pappas saw Defendant1 come out of a Marshall Street house around 1 p.m. and get into a black Saturn driven by a woman. The Detective followed the Saturn in an unmarked cruiser through city streets, and called for marked cruisers to help him with the arrest.

So far, so good.

Marked cruisers arrived around the intersection of Blossom and Crescent Streets. They signaled for the driver of the Saturn to stop.

That did not go over so well.

The Saturn did not stop. Instead, it drove along several more streets in the Fitchburg State College area and then hit another car at Pearl Street and Myrtle Avenue; that car, in turn, struck the cruiser driven by Police Officer Michael Rochette, police said.

The female driver of the Saturn was arrested at the scene and was taken to Leominster Hospital. Officer Rochette and three people in the car his cruiser collided with were taken to Leominster Hospital with what police said are non-life-threatening injuries.

Defendant 1, however, was not done yet.
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November 28, 2008

Massachusetts Mother Held For Making Death Threats Against The Court and DSS Workers

by Altman & Altman

Yesterday was Thanksgiving. Unfortunately, there are a few families for whom this holiday season has not begun so well.

Let’s turn to Hampshire, Massachusetts, for example. On Wednesday, as the rest of us prepared for family gatherings and big dinners, Debra B., 53, of Northampton (hereinafter, the “Defendant”) learned that she would be spending the holiday as a guest of the Commonwealth. It seems that she and the Department of Social Services (“DSS”) have had a disagreement of sorts.

The disagreement allegedly included some threats.

Threats that have brought to light what one might call a dysfunctional family situation.

The case has a bit of a history to it. It apparently began back in 2006 when the Defendant’s son was taken away from her by DSS. This was allegedly occasioned by the 7-year-old autistic boy’s complaint that she had duct-taped him to a chair and threatened him with a knife. Most of the criminal charges against the Defendant in that incident were eventually dropped.

The heated custody fight over her son did not end so easily.

As the battle between DSS and the Defendant raged, she is alleged to have done certain things which were of concern to the Commonwealth. One such thing is that she was reported to have looked up the home addresses of some social workers on the Internet. She is also said to have threatened to shoot Judge Judd J. Carhart at a hearing and told another woman in court that she was “in her crosshairs.”

This landed her in jail on September 8th.

Perhaps misunderstanding the message this was supposed to have sent, the Defendant allegedly threatened to kill a different judge, as if this would clear things up.

Things were not cleared up. Law enforcement sought a search warrant for her apartment instead.
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February 12, 2008

Massachusetts Man Sentenced to Five Years in Jail for Involuntary Manslaughter of Friend

by Altman & Altman

In Suffolk Superior Court yesterday, Enrique Baez pled guilty to the shooting death of Cheyenne Baez. Judge Margaret Hinkle sentenced him to five years in Suffolk County House of Correction. 2.5 years of the sentence is for involuntary manslaughter, 6 months is for marijuana possession, and the remaining two years is for the illegal possession of two handguns. Enrique and Cheyenne were not related, but they were friends.

According to Boston police and investigators, Enrique, Cheyenne, and two other males were in Enrique’s apartment in Jamaica Planes on April 8, 2007. Enrique, 17-years-old at the time, had two guns. One of them was loaded, the other one wasn’t. While playing with the loaded gun, it went off. The bullet hit Cheyenne in the eye and killed him.

While on the stand, Enrique apologized for the murder and claimed that the shooting was an accident. Relatives of Cheyenne have expressed outrage at the five-year sentence, claiming that his death was murder and not an accident.

Judge Hinkle, Suffolk Assistant District Attorney John E. Powers III, and Boston police, however, are all in agreement that the evidence showed that the shooting was accidental.

Enrique had initially been charged with manslaughter. He had pleaded not guilty to the charges.

Relatives of victim decry jail sentence, Boston.com, February 12, 2008
Teen charged with manslaughter after friend is shot, Boston.com, April 10, 2007
Related Web Resources:

Massachusetts Law about Guns and Other Weapons

Massachusetts Homicide Law
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