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District Court Logs, May 29 to June 5, 2018


Thursday, June 07, 2018
Greenfield, May 29, Judge William Mazanec III

Alexandra B. Brewer, 23, of Holyoke. Pleaded guilty to shoplifting at Yankee Candle in Deerfield. Sentenced to 120 days in the house of correction, direct, with credit for time held, and concurrent with a case in Hampshire County indictment. Charge of conspiracy dismissed on request of the commonwealth.

Katharine Kemble-Lund, 25, of Hatfield. Pleaded guilty to possessing a Class A drug, to wit, heroin, in Greenfield. Sentenced to nine months in the house of correction, suspended. Placed on probation until 11/17/19, victim-witness assessment of $50. Must have no drugs or alcohol, and subject to screens/tests. Must take and complete a substance abuse evaluation, and take any after-care treatment recommended. Must attend and complete the Reflections program, and must not drive until the Registry of Motor Vehicles reinstates the license. Charge of operating under the influence of drugs was not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, based on the available evidence, this is in the interest of justice. Must pay legal counsel fee of $150. Must pay probation supervision fee of $65 per month, but may be waived while in good standing in the Reflections program.

Shawn Lussier, 50, of Farren Avenue, Turners Falls. Charge of open and gross lewdness, subsequent offense, in Montague was not prosecuted, as the defendant has pled to this charge in Superior Court.

Greenfield, May 30, Judge William Mazanec III

Connor D. Rusin, 25, of Wilmington, Vt. Pleaded guilty to operating a motor vehicle with license suspended. Fined $500, plus victim-witness assessment of $50. Pleaded guilty to being a vehicle operator refusing to identify him or herself. Fined $100. Pleaded guilty to possessing a Class B drug, to wit, crack cocaine. Fined $50. Pleaded guilty to possessing a Class A drug, to wit, heroin. Fined $50. Charge of unlicensed operation of a motor vehicle dismissed on request of the commonwealth. Found not responsible for improper operation of a motor vehicle. Must pay legal counsel fee of $150.

Orange, May 30, Judge David S. Ross

Clifford Bartlett, 61, listed as homeless, of Athol. Charge of trespassing was not prosecuted, as, according to a statement made by a counsel from the district attorney’s office in the interest of justice. The defendant has been held overnight in the house of correction.

Greenfield, May 31, Judge William Mazanec III

Albert Berthiaume, 33, of Brattleboro, Vt. Found responsible for unlicensed operation of a motor vehicle in Bernardston by state police. Fined $50, and decriminalized, to wit, converted to a civil offense.

Penelope I. Pattalochi, 43, of Orchard Street, Greenfield. Charge of operating a motor vehicle with license suspended, to be dismissed on payment of $50 court costs. Found not responsible for motor vehicle lights violation.

Sarah L. Marshall, 32, of Franklin Street, Greenfield. Pleaded innocent to operating under the influence of liquor or 0.08 percent, negligent operation of a motor vehicle, and a marked lanes violation. Released on personal recognizance. Must pay legal counsel fee of $150.

Adam Dolan, 51, of South Main Street, South Deerfield. Found responsible for disorderly conduct. Fined $50, and decriminalized, to wit, converted to a civil offense.

Amiee L. Prunier, 46, of Davis Street, Greenfield. Placed on pretrial probation until 5/30/19 for charge of assault and battery with a dangerous weapon, to wit, a rope. Must take medications as prescribed. Must comply with DMH and Servise/NET. Must continue with therapy. Must sign releases so that the probation office can monitor attendance at programs ordered by the judge. Must have no abuse of the victim. Must stay away from specified addresses, and must have CPS unit applied when available. Placed on pretrial probation until 5/30/18, for attempting to commit a crime, to wit, to attempt strangulation, and all the same conditions as listed in the previous count. Charge of attempted murder dismissed on request of the commonwealth.

Andrew P. Engle, 30, of Woodleigh Avenue, Greenfield. Admitted to sufficient facts for operating under the influence of liquor or 0.08 percent. Sufficient facts found, but continued without a finding until 5/30/19, with 45 days mandatory loss of license, plus OUI fee of $250, OUI victims assessment of $50, head-injury assessment of $250, and victim-witness assessment of $50. Must take and complete the driver alcohol education program, and pay the fee of $726.80. Found responsible for rate of speed exceeding the posted limit. Fined $100, and failing to keep to the right for an oncoming motor vehicle, also fined $100. Found not responsible for failure to wear a seat belt, and for possessing an open container of alcohol. Must pay legal counsel fee of $150 and $50 counsel contribution. Must pay probation supervision fee of $65 per month.

Diana M. Espaillat, 32, of Keene, N.H. Pleaded guilty to larceny over $250 by a single scheme in Greenfield at Franklin First Credit Union. Sentenced to one year in the house of correction, suspended. Placed on probation until 5/13/19, with victim-witness assessment of $90. Must have no drugs, and subject to screens. Must continue with counseling, and must pay $13,000 in restitution, to be paid/split by this day, one of $9,620 to Stuart Lippman & Associates in Tucson, Ariz., and $3,380 for the local credit union. Must pay legal counsel fee of $150.

Zacary Langmain, 28, of St. Johnsbury, Vt. Charge of being the owner of, or the person in control of, a motor vehicle, did knowingly permit such vehicle to be operated by a person who was unlicensed or whose license had been suspended or revoked to be dismissed on payment of $50 court costs. Charge of number plate violation to conceal identification dismissed on request of the commonwealth.

Orange, May 31, Judge David S. Ross

Kelley Casey, 32, of Fay Road, New Salem. Admitted to sufficient facts for negligent operation of a motor vehicle in Erving. Sufficient facts found, but continued without a finding until 11/30/18, with head-injury assessment of $250, and victim-witness assessment of $50. Must take and complete the Brains at Risk program, and must write a short paper having to do with use of marijuana and automobile collisions. Found responsible for open container of marijuana in a vehicle, filed. Charge of operating under the influence of drugs, and operating a motor vehicle with license suspended both dismissed on request of the commonwealth. Found not responsible for no inspection sticker, no registration in possession, and speeding in violation of a special regulation.

Greenfield, June 1, Judge William Mazanec III

Donald A. Abood, 49, of Williamsburg Road, Ashfield. Pleaded guilty to unlicensed operation of a motor vehicle in Whately. Fined $100.

Haley A. Carson, 21, of Clarksburg. Pleaded innocent to possessing a Class A drug, to wit, heroin, conspiracy to violate drug laws, and motor vehicle lights violation in Greenfield by state police. Released on personal recognizance. Continued to 7/26/18 for pretrial conference.

Allen F. Smith, 52, of Caldwell Road, Northfield. Pleaded innocent to trespassing and littering trash. Released on personal recognizance. Continued to 8/3/18 for pretrial conference.

Henry J. Brown Jr., 29, of Phillips Street, Greenfield. Found responsible for disorderly conduct, subsequent offense. Fined $50, to be paid today.

Dylan J. Woods, 19, of West Road, Bernardston. Charge of assault and battery on family/household member. Released on personal recognizance. Continued to 7/12/18 for pretrial conference. Must perform 16 hours community service in lieu of legal counsel fee.

David L. Devine, 30, of Church Street, Greenfield. Pleaded innocent to assault and battery on a family/household member. Released on personal recognizance. Continued to 7/12/18 for pretrial conference. Must pay counsel fee of $150, or perform 16 hours of community service.

Kristin O. Dell, 35, of North Adams. Pleaded innocent to shoplifting at Spring Mobile in Greenfield, third offense. Released on personal recognizance. Continued to 7/12/18 for pretrial conference. Must pay legal counsel fee of $150.

Phillip A. Ragland II, 35, of Springfield. Pleaded innocent to malicious destruction of property over $250 value and malicious destruction of property under $250 value in Deerfield. Released on personal recognizance. Must stay 100 yards away from and have no contact with a named person, and must stay 100 yards from a specified address in Deerfield. Continued to 7/12/18 for pretrial conference. Must pay legal counsel fee of $150.

Danielle M. St. Hilaire, 30, of Aster Court, Greenfield. Charges of possessing a Class B drug, to wit, cocaine, failure to stop/yield, and failure to wear a seat belt. Continued to 7/11/18 for pretrial conference. Must perform 16 hours of community service.

Orange, June 1, Judge David S. Ross

Enrique Cintron, 48, of South Main Street, Orange. Found not guilty in a jury trial for having operated a motor vehicle after the license to operate a motor vehicle had been revoked by reason of his or her having been found to be an habitual traffic offender, number plate violation to conceal identification and failure to stop for police. Found responsible for speeding in violation of a special regulation and failure to stop/yield, both filed. Found responsible for passing violation, filed. Found not guilty to reckless operation of a motor vehicle.

Enrique Cintron, 48, of South Main Street, Orange. Found guilty following a jury trail for resisting arrest, different date from previous case. Sentenced to one year in the house of correction, with credit for 153 days served. Found guilty for assault and battery on a police officer, following the jury trial. Sentenced to one year in the house of correction, concurrent with count one. Found not guilty in the trial for assault and battery with a dangerous weapon, to wit, a Tazer. Found not guilty in the trial for attempting to commit a crime, to wit, attempting to steal a police cruiser. Found not guilty for second charge of assault and battery on a police officer and wanton destruction of property under $250. Must pay legal counsel fee of $150.

James J. Bonds, 44, of Sunset Avenue, Athol. Pleaded guilty to assault and battery on a family/household member, sentenced to two years in the house of correction, 60 days direct, balance suspended, for one year, to 5/31/19, and must take and complete the certified batterer’s intervention program. Admitted to sufficient facts for strangulation or suffocation. Sufficient facts found, but continued without a finding until 5/31/19. Admitted to sufficient facts for intimidating a witness, juror, police or court official. Sufficient facts found, but continued without a finding until 5/31/19, with victim-witness assessment of $90. Admitted to sufficient facts for intimidating a witness, juror, police, or court official. Sufficient facts found, but continued without a finding until 5/31/19. Pleaded guilty to malicious destruction of property under $1,200, sentenced to one year in the house of correction, suspended, until 5/31/19

Gilbert Cruz, 21, of Snow Hill, N.C. Charge of unlicensed operation of a motor vehicle in Erving dismissed on request of the commonwealth. Must pay $50 default warrant fee.

Kenneth C. Brozell, 55, of Main Street, Athol. Pleaded innocent to assault and battery with a dangerous weapon, to wit. Released on personal recognizance. Continued to 6/29/18 for pretrial conference. Must pay legal counsel fee of $150.

Zachary R. May, 18, of Harvard Avenue, Athol. Admitted to sufficient facts for being a person under 21 in possession of liquor. Sufficient facts found, but continued without a finding until 8/31/18, concurrent with another case. Must have no alcohol and is subject to screens and testing, and must take and complete the Scram program. Charge of disturbing the peace dismissed on request of the commonwealth.

Arrie Daniels, 24, of Exchange Street, Athol. Admitted to sufficient facts for negligent operation of a motor vehicle. Sufficient facts found, but continued without a finding until 5/31/19 with head-injury assessment of $250 and victim-witness assessment of $50, and must take and complete the Brains at Risk program. Found not responsible for marked lanes violation. Charge of operating under the influence of liquor over 0.08 percent dismissed on request of the commonwealth. Must pay counsel fee of $150, or perform 16 hours of community service.

Greenfield, June 4, Judge William Mazanec III

Juan Carmona, 35, of Dudley. Pleaded guilty to operating a motor vehicle with license suspended in Greenfield. Sentenced to 10 days in the house of correction, with credit for the 10 days served. Found guilty of operating under the influence of drugs. Sentenced to one year in the house of correction, suspended. Placed on probation until 6/3/19, with 90-day loss of license, head-injury assessment of $250, operating under the influence fee of $50, and victim-witness assessment of $50. Must take and complete a substance abuse evaluation, and take any after-care treatment recommended. Must take and complete the driver alcohol education program, and pay the fee of $726.80. Found responsible for failure to stop/yield, filed with defendant’s consent. Possessing a Class C drug, to wit, lorazepam dismissed on request of the commonwealth. Must pay counsel fee of $150, or perform 16 hours of community service. Must pay $50 per month probation supervision fee, or perform four hours per month of community service.

Barbara E. Drew-Rivera, 47, of Phillips Street, Greenfield. Admitted to sufficient facts for assault and battery. Sufficient facts found, but continued without a finding until 6/3/19, with victim-witness assessment of $50. Must take and complete a substance abuse evaluation, and take any after-care treatment recommended, and must have no alcohol and is subject to screens. Charge of disorderly conduct dismissed on request of the commonwealth.

Hakim J. Stewart, 31, of Amherst. Pleaded innocent to assault and battery on a family/household member in Sunderland. Released on personal recognizance. Must not abuse the alleged victim. Continued to 7/30/18 for pretrial conference.

Merilyn L. Haskins, 60, listed as homeless, of Greenfield. Found responsible for miscellaneous municipal motor vehicle ordinance or bylaw, to wit, possessing an open container of and drinking alcohol in public. Fined $50. Charge of disorderly conduct dismissed on request of the commonwealth.

Micah G, Nusbaum, 31, of Prentice Avenue, Greenfield. Pleaded innocent to operating under the influence of liquor or 0.08 percent, second offense, failure to stop for police, possessing an open container of alcohol in a motor vehicle, and negligent operation of a motor vehicle. Released on personal recognizance. Continued to 7/30/18 for pretrial conference. Must pay legal counsel fee of $150 and $150 legal counsel contribution.

Constance Hay, 29, of Elm Street, South Deerfield. Pleaded innocent to assault and battery on family/household member. Released on personal recognizance. Continued to 7/30/18 for pretrial conference. Must pay counsel fee of $150, or perform 16 hours of community service.

Kristine Grimes, 47, of Cheshire. Admitted to sufficient facts for operating under the influence of liquor or 0.08 percent in Shelburne. Sufficient facts found, but continued without a finding until 5/31/19, with 45-day mandatory loss of license, plus OUI fee of $250, OUI victims assessment of $50, head-injury assessment of $250 and victim-witness assessment of $50. Must take and complete the driver alcohol education program, and pay the fee of $726.80. Charge of negligent operation of a motor vehicle dismissed on request of the commonwealth. Found not responsible for marked lanes violation. Must pay probation supervision fee of $65 per month.

Orange, June 4, Judge David S. Ross

Danny K. Gauthier, 37, of Gardner. Pleaded innocent to disturbing the peace, in Athol. Released on personal recognizance. Continued to 7/3/18 for pretrial conference.

Dominic Bruce, 25, of Harrington Street, Athol. Pleaded innocent to possessing a Class A drug, to wit, heroin, unlicensed operation of a motor vehicle, no registration in possession, and speeding in violation of a special regulation in Warwick. Released on personal recognizance. Continued to 7/16/18 for pretrial conference. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16 hours.

Keith Labonne, 39, of West Main Street, Orange. Charge of operating a motor vehicle with license suspended in Athol dismissed on request of the commonwealth.

Christine N. Rausch, 44, of Vernon, Vt. Pleaded innocent to operating a motor vehicle with license suspended, and motor vehicle lights violation in Athol. Released on personal recognizance. Continued to 7/9/18 for pretrial conference.

Melissa E. Bruso, 31, of Main Street, Athol. Pleaded innocent to violation of an abuse prevention order. Released on personal recognizance. Continued to 7/16/18 for pretrial conference. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16 hours.

Samuel Fuller, 25, of Medford. Charges of operating a motor vehicle with license suspended, operating with suspended registration and uninsured motor vehicle in Erving all dismissed on request of the commonwealth.

Brian Betit, 19, of Whitingham, Vt. Pleaded innocent to unlicensed operation of a motor vehicle, number plate violation to conceal identification, uninsured motor vehicle, unregistered motor vehicle, no registration in possession, and a motor vehicle lights violation in Erving. Released on personal recognizance. Continued to 7/2/18 for pretrial conference.

Zachary A. Wheeler, 23, of Boston. Pleaded guilty to shoplifting at Walmart in Orange. Filed until 6/5/18.

Zachary A. Wheeler, 23, of Boston. Pleaded guilty to shoplifting, at Cumberland Farms in Orange, different date from previous case. Filed until 6/5/18. Pleaded guilty to furnishing a false name, amended from intimidating a witness, juror, police or court official Sentenced to six months in the house of correction, and is concurrent with another case.

Zachary A. Wheeler, 23, of Main Street, Athol. Pleaded guilty to breaking and entering with intent to commit a misdemeanor in Orange, different date from previous cases. Sentenced to six months in the house of correction, concurrent with previous case. Charge of vandalizing property dismissed on request of the commonwealth. Must pay legal counsel fee of $150.

Jason P. Fortin, 35, of Dewey Conrad Avenue, Orange. Pleaded innocent to a number plate violation to conceal identification and uninsured motor vehicle. Released on personal recognizance. Continued to 7/2/18 for pretrial conference.

Ryan Naser, 25, of Davis Street, Greenfield. Charges of operating with suspended registration and uninsured motor vehicle in Erving both dismissed on request of the commonwealth. Found not responsible for unregistered motor vehicle,

Richard L. Flood II, 26, of Carpenter Street, Orange. Charge of unlicensed operation of a motor vehicle in Erving dismissed on request of the commonwealth.

Philip J. Erskine, 39, of School Street, Athol. Pleaded innocent to assault and battery on ambulance personnel, and disturbing the peace. Released on personal recognizance. Continued to 7/16/18 for pretrial conference. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16 hours.

Samuel Kimberley, 20, of Berlin, N.H. Placed on pretrial probation until 12/3/18 for possessing a Class A drug, to wit, heroin. Must have no drugs, and is subject to screens. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16 hours. Must pay $50 per month probation supervision fee.

Shane Fournier, 45, of Central Street, Erving. Charges of operating under the influence of liquor or 0.08 percent, second offense, negligent operation of a motor vehicle, and two charges of leaving a firearm in a vehicle all dismissed on request of the commonwealth. Admitted to sufficient facts for improper storage of a firearm. Sufficient facts found, but continued without a finding until 5/31/19, with victim-witness assessment of $50, and must complete firearms safety course for forfeit of firearms. Admitted to sufficient facts for second charge of improper storage of a firearm. Sufficient facts found, but continued without a finding until 5/31/19. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16 hours. Must pay $50 per month probation supervision fee.

Joseph A. Dumas, 34, of Baldwinville. Admitted to sufficient facts for violation of an abuse prevention order. Sufficient facts found, but continued without a finding until 6/3/19, with victim-witness assessment of $50. Must take and complete the certified batterer’s intervention program and must have mental health evaluation and take any after-care recommended. Must pay legal counsel fee of $150. Must pay probation supervision fee of $65 per month, but is waived for 10 months.

Dakota J. Sanfield, 25, of Keene, N.H. Charge of unlicensed operation of a motor vehicle in Athol by state police dismissed on request of the commonwealth. Found not responsible for motor vehicle lights violation.

Jessse M. Barnaby, 36, of School Street, Athol. Charge of vandalizing property dismissed on request of the commonwealth. Charge of disturbing the peace dismissed by the judge after facts.

Greenfield, June 5, Judge William Mazanec III

Katrina C. Bauer, 35, of Heather Court, Greenfield. Charges of two counts of assault and battery, and one of resisting arrest, were all dismissed on request of the commonwealth.

Kristopher S. Riskin, 41, of Eden, Vt. Charges of unregistered motor vehicle, possessing a Class B drug, to wit, suboxone, possessing a Class E drug, to wit, diazepam, second charge of possessing a Class E drug, to wit, amphetamine and dextroamphetamine, third charge of possessing a Class E drug, to wit, alprazolam, fourth charge of possessing a Class E drug, to wit, methylphenidate hydrochloride, and fifth charge of possessing a Class E drug, to wit, clonazepam, all in Greenfield by state police. Bail set at $200, already posted, and continued to 7/11/18 for pretrial conference.

Mackenzie M. Mayhew, 19, of Davis Street, Greenfield. Pleaded innocent to assault and battery. Released on personal recognizance, must stay 50 yards away from and have no contact with an alleged victim. Continued to 6/5/18 for pretrial conference.

Shaun C. Toomey, 52, of Whitney’s Way, Montague. Charge of failure to stop/yield, in Greenfield. Fined $100. Charge of operating under the influence of drugs, was not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, after reviewing all evidence, the commonwealth can’t sustain its burden going forward, and as a result, this is in best interest of justice.