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District Court Logs, Dec. 5 to 8, 2017


Thursday, December 14, 2017
Greenfield, Dec. 5, Judge William Mazanec III

Courtney E. Brown, 23, of Chapman Street, Greenfield. Pleaded innocent to larceny over $250. Released on personal recognizance. Continued to 1/29/18 for pretrial conference. Must pay legal counsel fee of $150 and $50 counsel contribution.

Shawn M. Benz, 45, of Chapman Street, Greenfield. Pleaded innocent to operating under the influence of liquor or 0.08 percent, and no inspection sticker. Released on personal recognizance. Continued to 1/24/18 for pretrial conference.

Sean Martin, 32, of Mohawk Trail, Greenfield. Charges of uninsured motor vehicle, and operating with suspended registration in Whately by state police. Both charges to be dismissed with $100 court costs to each charge.

Joshua W. Dean, 41, of Chapman Street, Greenfield. Charge of hunting/fishing in closed season in Conway to be dismissed on payment of $750 court costs, paid this date. Charges of possessing shotgun shells in closed season, hunting by artificial light, fishing/wildlife hunting or hunting/fishing violation, and second charge of fishing/wildlife for hunting/fishing violation all to be dismissed on payment of count one.

Brian D. Costa, 41, of Lyons Hill, Athol. Pleaded guilty to assault and battery on family/household member, in Greenfield. Fined $50, plus victim-witness assessment of $50, and $50 domestic violence prevention fee. Must pay legal counsel fee of $150.

Paul A. Giard, 53, of Purinton Lane, Colrain. Pleaded innocent to malicious destruction of property under $250 value in Colrain by state police. Released on personal recognizance. Continued to 1/24/18 for pretrial conference.

Jazmyn M. Calareso, 24, of Brattleboro, Vt. Pleaded guilty to being present where heroin is kept in Deerfield. Fined $80, plus $20 surfine, paid this date. Charge of conspiracy to violate drug laws dismissed on request of the Commonwealth. Must pay legal counsel fee of $150.

Chevyonne S. Mercier, 31, of Johnson Road, Orange. Pleaded innocent to assault and battery in Gill by state police. Released on personal recognizance. Continued to 1/3/18 for pretrial conference.

Jeffrey P. Spear, 51, of Holyoke. Possessing a Class B drug, to wit, cocaine, in Deerfield. Released on personal recognizance. Continued to 1/29/18 for Valor Lot status.

Ryan D. Bellows, 28, of Bayberry Court, Greenfield. Admitted to sufficient facts for disturbing the peace. Fined $100.

Robert Heath, 61, of Davis Street, Greenfield. Pleaded innocent to malicious damage to a motor vehicle. Released on personal recognizance. Continued to 1/29/18 for pretrial conference. Must pay legal counsel fee of $150 and $150 legal counsel contribution.

Orange, Dec. 5, Judge David S. Ross

Xavier A. Deleon, 24, of South Street, Athol. Pleaded guilty to assault, and amended battery, on family/household member, different date from previous case. Sentenced to the house of correction, and given credit for time served. Second and third charges of assault, and amended battery, on family/household member were dismissed on request of the Commonwealth in favor of the plea in the first count. Pleaded guilty to strangulation or suffocation, sentenced to the house of correction, for time served. Charges of second charge of strangulation or suffocation, and two charges of intimidating a witness, juror, police, or court official, and a second charge of threatening to commit a crime were all dismissed on request of the Commonwealth in favor of the earlier plea. Must pay counsel fee of $150, or perform 16 hours of community service.

Greenfield, Dec. 6, Judge William Mazanec III

Paul H. Houle, 65, of unknown location in Massachusetts. Pleaded innocent to malicious damage to a motor vehicle, and violation of an abuse prevention order in Montague. Ordered held without bail. Continued to 12/12/17 for pretrial conference.

Paul H. Houle, 65, of unknown location in Massachusetts. Pleaded innocent to malicious damage to a motor vehicle, and violation of an abuse prevention order in Montague, different date from previous case. Ordered held without right to bail. Continued to 12/12/17 for pretrail hearing.

Paul H. Houle, 65, of unknown location in Massachusetts. Pleaded innocent to malicious damage to a motor vehicle, and violation of an abuse prevention order in Montague, different date from previous cases. Ordered held without right to bail. Continued to 12/12/17 for pretrail hearing.

Mark A. Squires, 50, of Adams Road, Greenfield. Pleaded guilty to operating a motor vehicle with license suspended, subsequent offense. Sentenced to 90 days in the house of correction, concurrent with, and credit for, time served in two other cases.

Greenfield, Dec. 7, Judge William Mazanec III

Andrew Piela, 32, of River Road, Deerfield. Pleaded innocent to strangulation or suffocation, and assault and battery with a dangerous weapon, to wit, a box spring/mirror. Released on personal recognizance. Continued to 2/5/18 for a motion hearing.

Brandon C. Davis, 34, of Chapman Street, Greenfield. Pleaded innocent to operating a motor vehicle with license suspended, subsequent offense, being an operator of a motor vehicle while sending/reading an electronic message, and failure to stop/yield. Released on personal recognizance. Continued to 1/29/18 for pretrial conference. Must pay legal counsel fee of $150.

Jovon Van Guilder, 33, Brattleboro, Vt. Pleaded innocent to operating under the influence of liquor or 0.08 percent, disorderly conduct, negligent operation of a motor vehicle, assault and battery on a police officer, leaving the scene of property damage, and resisting arrest. Released on personal recognizance, with conditions that the defendant must enter a residential treatment program, must have no drugs, and subject to screens and must report to probation in person until the defendant is in the treatment program. Continued to 1/24/18 for pretrial conference.

Billy R. Berthiaume, 46, of Leyden Road, Greenfield. Admitted to sufficient facts for operating a motor vehicle with license suspended. Sufficient facts found, but continued without a finding until 12/6/18, with victim-witness assessment of $50, and must have no drugs, and subject to screens. Must comply with treatment as directed by Valley Medical Corporation, and the doctor involved and must sign releases so that the probation office can monitor attendance at programs ordered by the judge. Admitted to sufficient facts for possessing a Class A drug, to wit, heroin. Sufficient facts found, but continued without a finding until 12/6/18, with conditions entered and incorporated herein. Possessing a class E drug, to wit, gabapentin, was not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the defendant has provided proof of his gabapentin prescription. Must pay counsel fee of $150, or perform 16 hours of community service. Must pay probation supervision fee of $65 per month, or perform eight hours a month of community service.

Dennis Semidey, 35, of Federal Street, Millers Falls. Pleaded innocent to being a sex offender failing to register, subsequent offense, level 2 or 3, in Greenfield. Bail set at $1,000 cash or $10,000 surety. Continued to 1/5/17 for bind over hearing.

Matthew P. Snow, 23, of Northfield Road, Bernardston. Charge of number plate violation to conceal identification in Northfield to be dismissed on payment of $50 court costs. Charge of uninsured motor vehicle dismissed on request of the Commonwealth.

Michael E. Simmons, 27, of Springfield. Pleaded innocent to larceny over $250 in Greenfield. Released on personal recognizance. Must stay 100 yards away from the alleged victims and must stay 100 yards away from Foster’s Supermarket. Continued to 2/5/18 for pretrial conference. Must pay legal counsel fee of $150.

Neil Cole, 26, of K Street, Turners Falls. Pleaded innocent to malicious destruction of property under $250 value. Released on personal recognizance. Continued to 2/5/18 for pretrial conference. Must pay legal counsel fee of $150.

Lloyd W. Ellis, 20, of Colrain Shelburne Road, Shelburne. Pleaded innocent to reckless operation of a motor vehicle, and violation of state highway traffic regulations, speeding in violation of special regulation, violation of state highway signals signs or markings, and marked lanes violation in Buckland by state police. Released on personal recognizance. A C276, section 56A form was filed by the Commonwealth, and allegation of abuse under Chapter 276, Section 56A was found. Continued to 2/1/18 for pretrial conference.

Greenfield, Dec. 8, Clerk Magistrate Kenneth Chaffee

Kyle A. Jacobsen, 22, of Chappell Drive, Gill. Pleaded innocent to assault and battery in Gill by state police. Released on personal recognizance. Continued to 1/25/18 for pretrial conference. Must pay legal counsel fee of $150.

David J. Poginy, 25, of Saint Johnsbury, Vt. Charges of possessing a firearm without a firearms identification card, failure to wear a seat belt, possessing a Class B drug, to wit, fentanyl with intent to distribute, trafficking in 18 grams, or more, or less than 38 grams of cocaine, and conspiracy to violate drug laws in Greenfield by state police were not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the defendant has been indicted and arraigned in Franklin Superior Court on this matter.

Albert K. Vieira, 24, of Danville, Vt. Charges of possessing a firearm without a firearms identification card, failure to wear a seat belt, possessing a Class B drug, to wit, fentanyl with intent to distribute, trafficking in 18 grams, or more, or less than 38 grams of cocaine, and conspiracy to violate drug laws in Greenfield by state police were not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the defendant has been indicted and arraigned in Franklin Superior Court on this matter.

Arlo H. Rhein, 20, of St. Johnsbury, Vt. Charges of failure to stop/yield, number plate violation, trafficking in 18 grams, or more, or less than 38 grams of cocaine, possessing a firearm without a firearm identification card, no registration in possession, possessing a Class B drug, to wit, fentanyl with intent to distribute, and conspiracy to violate drug laws in Greenfield by state police were not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the defendant has been indicted and arraigned in Franklin Superior Court on this matter.

Orange, Dec. 8, Judge Mark Pasquariello

Katrina A. Fisher-Crowley, 32, of Green Street, Athol. Pleaded innocent to larceny from a person. Released on personal recognizance. Must stay away from and have no contact with a named person. Continued to 1/22/18 for pretrial conference.

Peter A. Niemi, 68, of Drury Avenue, Athol. Admitted to sufficient facts for operating under the influence of liquor or 0.08 percent, amended down from third offense. Placed on probation until 12/7/18, 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 have no alcohol and subject to screens and testing. Must take and complete the driver alcohol education program, but the fee of $726.80, was waived. Found not responsible for marked lanes violation. Charge of negligent operation of a motor vehicle dismissed on request of the Commonwealth.

Sabre J. Herzig, 30, of Chapman Street, Greenfield. Pleaded innocent to uninsured motor vehicle, no inspection sticker, and failure to notify the Registry of Motor Vehicles of a name or address change in Erving. Released on personal recognizance. Continued to 2/9/18 for pretrial conference.

Erin M. Grady, 37, of East River Street, Orange. Pleaded innocent to shoplifting at Wal-Mart in Orange. Released on personal recognizance. Continued to 2/5/18 for pretrial conference. Must pay counsel fee of $150, or perform 16 hours of community service.

Michael P. Gagne, 49, of French King Highway, Erving. Pleaded innocent to operating under the influence of drugs, and rate of speeding exceeding the posted limit. Released on personal recognizance. Continued to 2/9/18 for pretrial conference. Must pay legal counsel fee of $150 and $150 legal counsel contribution, or 20 hours of community service.

Lawrence J. Sprague, 56, of Ball Street, Orange. Pleaded innocent to speeding in violation of special regulation, and operating a motor vehicle with license suspended, subsequent offense in Warwick. Released on personal recognizance. Continued to 2/5/18 for pretrial conference.