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District Court Logs, Aug. 25 to Sept. 1, 2017


Thursday, September 07, 2017
Orange, Aug. 25, Judge David S. Ross

Vincent M. Bonilla, 43, of Lake Drive, Shutesbury. Admitted to sufficient facts for assault and battery, with sufficient facts found, but continued without a finding until 11/24/17. Must pay legal counsel fee of $150 and $50 counsel contribution.

Orange, Aug 28, Judge David S. Ross

Thomas R. Desmarais, 30, of Franklin Street, Athol. Found not guilty in a jury case, for assault and battery on a charge brought by a member of the public. Must pay $50 probation fee.

Greenfield, Aug. 31, Judge Michael Ripps

Alan D. Laffin, 70, of Pond Street, Greenfield. Charge of uninsured motor vehicle to be dismissed on payment of $50 court costs. Charge of operating with suspended registration dismissed on request of the Commonwealth

Greenfield, Sept. 1, Judge Maureen Walsh

Justin R. Boyd, 30, of Hinsdale, N.H. Pleaded innocent to unregistered motor vehicle, operating with suspended registration, number plate violation to conceal identification, uninsured motor vehicle, operating a motor vehicle with license suspended, and possessing a Class E drug, to wit, two prescription pills with no labels in Northfield, Released on personal recognizance. Continued to 11/1/17 for pretrial conference. Must pay legal counsel fee of $150.

Mark V. Hill, 58, listed as homeless, of Massachusetts. Charge of being a sex offender failing to register in Greenfield was not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, pursuant to the holdings of Commonwealth v. Bolling, 72, Mass., app. Ct. 618 (2008) and Commonwealth v. Maker, 459 Mass. 46, (2011), the Commonwealth cannot prosecute the above named individual for the crime charged. Must pay legal counsel fee of $150.

Kenneth Ryan, 34, of Dwight Cross Road, Colrain. Pleaded innocent to being present where heroin is kept in Greenfield. Released on personal recognizance. Continued to 11/1/17 for pretrial conference.

Thomas J. Ratte, of Flower Hill Road, Warwick. Charge of leaving the scene of property damage in Orange. Released on personal recognizance Continued to 11/3/17 for pretrial conference.

Donna M. Collis, 29, of Aster court, Greenfield. Pleaded innocent to two charges of assault with a dangerous weapon, to wit, a motor vehicle in each charge. Released on personal recognizance. Must stay 50 yards away from and have no contact with the alleged victims. Continued to 10/25/17 for pretrial conference. Must pay legal counsel fee of $150.

Matthew Taylor, 23, of Fairway Avenue, Turners Falls. Admitted to sufficient facts for assault and battery on family/household member, amended from assault and battery on a person 60 or over, or disabled, but continued without a finding until 8/30/18, with victim-witness assessment of $50. Must have no abuse of the victim, and must attend and complete the certified batterer’s program. Must pay legal counsel fee of $150 and $50 counsel contribution.

Steven Shuey, 33, of Vernon, Vt. Pleaded innocent to violation of an abuse prevention order in Montague. Released on personal recognizance. Must stay 50 yards away from, and have no contact with a named person, except for visitation or child care. Continued to 11/1/17 for pretrial conference. Must pay legal counsel fee of $150.

Cody N. Battistoni, 24, of High Street, Greenfield. Pleaded guilty to of threatening to commit a crime, to wit, murder. Sentenced to 60 days in the house of correction, and then given credit for 67 days. Pleaded guilty to assault, amended down from assault with a dangerous weapon, to wit, a firearm. Placed on probation until 8/30/18 with victim-witness assessment of $50 and must remain in the Salvation Army House program. Must sign releases so that the probation office can monitor attendance at programs ordered by the judge. Must have no drugs or alcohol, and subject to screens/tests, must have mental health evaluation and take any after-care recommended, and must stay away from and have no contact with the victim. Charge of assault to intimidate was not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, after reviewing the case, the Commonwealth could find no evidence to support this charge, and as a result this is in the best interest of justice.

Benjamen L. Stennes, 21, of Bridge Street, Millers Falls. Charge of operating a motor vehicle with license suspended. Dismissed on request of the Commonwealth.

Orange, Sept. 1, Judge David S. Ross

Tracy A. Clarke, 40, of North Main Street, Orange. Charges of disorderly conduct, and resisting arrest were both dismissed on request of the Commonwealth. Found responsible for disturbing the peace, and it was filed. Must pay counsel fee of $150, or perform 16 hours of community service.

Benjamin Lester, 36, of Wendell Road, Shutesbury. Charge of operating a motor vehicle with license suspended in Leverett. Dismissed on request of the Commonwealth.

Ryan P. Ward, 39, of Winter Street, Orange. Pleaded innocent to vandalizing property. Released on personal recognizance. Continued to 10/20/17 for pretrial conference. Must pay counsel fee of $150, or perform 12 hours of community service.

Orange, Sept. 5, Judge David S. Ross

Brent A Lovely, 24, of South Street, Athol. Pleaded innocent to larceny over $250, intimidating a witness, juror, police, or court official, receiving stolen property, and possessing a Class A drug, to wit, heroin. Released on personal recognizance. Continued to 10/10/17 for pretrial conference. Must pay counsel fee of $150, or perform 16 hours of community service.

Tom E. Hartnett, 40, of French King Highway, Erving. Admitted to sufficient facts for operating under the influence of liquor or 0.08 percent, but continued without a finding until 9/4/18, with 45 days mandatory loss of license, and must have no driving until the Registry of Motor Vehicles reinstates the 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 not responsible for speeding, Charge of operating a motor vehicle in violation of a license restriction. Dismissed on request of the Commonwealth. Must pay legal counsel fee of $150. Must pay probation supervision fee of $65 per month.

Jamie L. Frates, 39, of Main Street, Athol. Charge of shoplifting, at Hannaford Supermarket. Dismissed on request of the Commonwealth.

Jamie L. Frates, 39, of Main Street, Athol. Admitted to sufficient facts for assault and battery, different date from previous case, with sufficient facts found, but continued without a finding until 9/4/18. Must pay counsel fee of $150, or perform 16 hours of community service.

Jamie L. Frates, 39, of Main Street, Athol. Pleaded guilty to assault and battery, different date from previous cases, sentenced to one year in the house of correction, suspended, placed on probation until 9/4/18, with victim-witness assessment of $90. Must enter the CSS Program on 9/6/17. Must have mental health evaluation, and take and complete a substance abuse evaluation, and take any after-care treatment recommended. Must have no drugs or alcohol, and subject to screens/tests, and must abide by any 209A restraining order in existence. Admitted to sufficient facts for strangulation or suffocation, second charge of assault and battery, plus intimidating a witness, juror, police, or court official, with sufficient facts found, but continued without a finding until 9/4/18, on each charge. Charge of attempting to commit a crime, to wit, murder dismissed on request of the Commonwealth. Must pay probation supervision fee of $65 per month, or perform eight hours a month to community service after the defendant completes the residential program.