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District Court Logs, Aug. 14 to Sept. 12, 2017


Friday, September 15, 2017
Orange, Aug. 14, Judge Laurie MacLeod

Kelsey M. Hurlburt, 20, of Walnut Street, Athol. Admitted to sufficient facts for possessing a Class A drug, to wit, heroin, with intent to distribute, sufficient facts found but continued without a finding until 8/14/18, with 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, with residential treatment included, and must forfeit $599. Charge of conspiracy to violate drug laws, and being present where heroin is kept were both dismissed on request of the Commonwealth. Must pay legal counsel fee of $150. Must pay probation supervision fee of $65 per month, or perform eight hours a month to community service.

Greenfield, Aug. 30, Judge Michael Ripps

Kevin J. Ryder, 49, of Wells Street, Greenfield. Pleaded innocent to possessing a Class A drug, to wit, heroin, conspiracy to violate drug laws, unarmed robbery, assault and battery, assault and battery with a dangerous weapon, to wit, a shod foot, conspiracy, and intimidating a witness, juror, police, or court official. Bail set at $1,000 cash, advised of right to bail review. Continued to 9/22/17 for bind-over hearing.

Orange, Sept. 5, Judge David S. Ross

William D. Brown, Pleaded guilty to negligent operation of a motor vehicle, in Erving, to be dismissed on payment of $200 fine, plus $50 surfine, head-injury assessment of $250, and victim-witness assessment of $50, and to be paid forthwith. Charges of operating a motor vehicle with license suspended, and uninsured motor vehicle, both dismissed on request of the Commonwealth. Found not responsible for unregistered motor vehicle, possessing an open container of alcohol in a motor vehicle, and marked lanes violation.

Greenfield, Sept. 7, Judge William Mazanec III

Ryan X. Lewis, 29, of Zoar Road, Charlemont. Charge of malicious destruction of property under $250 value in Charlemont by state police. To be dismissed on payment of $110 restitution. Admitted to sufficient facts for operating a motor vehicle with license suspended, but continued without a finding until 12/7/17, with victim-witness assessment of $50, and the continuation may end early with proof of a license. Must pay $50 per month probation supervision fee.

Orange, Sept. 8, Judge David S. Ross

Jeffrey S. Burgess, 35, of Summer Street, Orange. Found responsible for speeding, in Erving. Fined $100, plus $5 surfine. Charge of operating a motor vehicle in violation of a license restriction, dismissed on request of the Commonwealth. Found not responsible for no license in possession.

John F. Wilson, 51, of West River Street, Orange. Pleaded innocent to receiving stolen property, intimidating a witness, juror, police, or court official, and two charges of possessing ammunition without an FID card, in Athol. Released on personal recognizance. Continued to 10/13/17 for pretrial conference.

Simon E. Wiinikainen, 33, of Anson, Maine. Pleaded innocent to operating under the influence of drugs, negligent operation of a motor vehicle, possessing a Class C drug, to wit, liquid THC, distributing class C, to wit, THC, carrying a dangerous weapon, to wit, a knife, and open container of marijuana in a vehicle in Erving. Bail set at $1,500 cash, or $5,000 surety. Continued to 10/10/17 for pretrial conference.

Rosie Castro, 61, of School Street, Athol. Pleaded innocent to receiving stolen property, intimidating a witness, juror, police, or court official, and improper storage of a firearm. Released on personal recognizance, and ordered to have no contact with five named people. Continued to 10/10/17 for pretrial conference. Must pay legal counsel fee of $150.

Garret D. Raulston, 43, of Crescent Street, Athol. Pleaded guilty to possessing a firearm without a firearms identification card. Sentenced to six months in the house of correction, direct, with credit for time served, and the sentence was stayed until 9/22/17. Pleaded guilty to possessing ammunition without a FID card, placed on probation until 9/7/18, and must forfeit any firearms or ammunition. Must pay counsel fee of $150, or perform 16 hours of community service. Must pay $50 per month probation supervision fee, to be imposed once the defendant is released.

Ian Robitaille, 30, of East Main Street, Millers Falls. Found not responsible prior to arraignment, for consuming marijuana in a public place in Erving. Charges of operating with suspended registration, and uninsured motor vehicle both dismissed on request of the Commonwealth.

Hailey M. Perkins-McCraw, 19, of Ashfield Mountain Road, Ashfield. Charges of operating with suspended registration, and uninsured motor vehicle both dismissed on request of the Commonwealth.

Peter A. Niemi, 76, of Drury Avenue, Athol. Pleaded innocent to operating under the influence of liquor or 0.08 percent, third offense, marked lanes violation, and negligent operation of a motor vehicle. Released on personal recognizance. Continued to 10/16/17 for pretrial conference.

Greenfield, Sept. 11, Judge William Mazanec III

Allen K. Vight, 64, of Glen Brook Drive, Greenfield. Pleaded innocent to operating under the influence of liquor or 0.08 percent, fourth, or greater offense, operating a motor vehicle with license suspended for operating under the influence of liquor, and negligent operation of a motor vehicle in Greenfield by Montague Police. Bail set at $2,000 cash, or $20,000 surety, must have no operation of a motor vehicle, must have no drugs or alcohol, including marijuana, and subject to screens/tests. Must have the Scram unit applied when available, and must report daily to the probation office until the Scram is established. Continued to 10/3/17 for pretrial conference.

Allen K. Vight, 64, of March Road, Ashfield. Pleaded innocent to miscellaneous municipal motor vehicle ordinance or bylaw, to wit, having or drinking from an open container of alcohol in public, and operating a motor vehicle with license suspended in Greenfield, different date from previous case. Bail set at $100. Continued to 10/3/17 for pretrial conference.

Nathan J. Gamage, 52, of Deerfield Street, Greenfield. Admitted to sufficient facts for making annoying telephone calls or electronic communications, but continued without a finding until 4/3/18, with victim-witness assessment of $50. Must stay 50 yards away from and have no contact with a named person, and to a Davis Street residence.

Michael A. Jenkins, 32, of Dayville, Conn. Pleaded innocent to assault and battery on family/household member, and assault and battery with a dangerous weapon, to wit, a cell phone in Deerfield. Bail set at $100 cash by agreement. Must have no abuse of the alleged victim, and must have no alcohol and subject to screens and testing, Continued to 10/25/17 for pretrial conference. Must pay legal counsel fee of $150 and $50 counsel contribution.

David G. Thompson, 32, of Enfield, Conn. Pleaded innocent to operating under the influence of liquor or 0.08 percent, negligent operation of a motor vehicle, speeding, and marked lanes violation in Deerfield. Released on personal recognizance. Continued to 10/31/17 for pretrial conference.

Jesse L. Phillips, 37, of South River Road, Charlemont. Admitted to sufficient facts for larceny over $250 in Greenfield at B.J. Wholesale Club. Sentenced to two years in the house of correction, suspended. Placed on probation until 9/10/19 with victim-witness assessment of $90, and must have no drugs or alcohol, and subject to screens/tests, and must pay $908.83 in restitution to the B.J.’s. Admitted to sufficient facts for charge of larceny under $250, amended down from larceny over $250, with same conditions, and concurrent, with count one. Admitted to sufficient facts for second charge of larceny over $250, and placed on probation until 9/10/19 with same conditions, and concurrent, with count one. Must pay legal counsel fee of $150. Must pay probation supervision fee of $65 per month, but it is waived every month when he pays $50 restitution per month.

Jesse L. Phillips, 37, of South River Road, Charlemont. Admitted to sufficient facts for breaking and entering with intent to commit a misdemeanor, different date from previous case. Placed on probation until 9/10/19, plus must have no drugs or alcohol, and subject to screens/tests, and concurrent with sentence in another case. Charge of larceny under $250, placed on probation until 9/10/19 with same conditions as in count one.

Orange, Sept. 11, Judge David S. Ross

Kevin H. Neville, 42, of Old State Road, Erving. Pleaded innocent to of threatening to commit a crime, to wit, assault and battery. Released on personal recognizance. Continued to 9/18/17 for pretrial conference.

Kevin H. Neville, 42, of Old State Road, Erving. Pleaded innocent to criminal harassment, different date from previous case. Released on personal recognizance. Continued to 9/18/17 for pretrial conference.

Alan Barton Jr., 22, of Bacon Street, Orange. Admitted to sufficient facts for larceny over $250, sufficient facts found, but continued without a finding until 3/9/18 with victim-witness assessment of $90, and must pay $900 restitution, with the money to be split between two victims. Admitted to sufficient facts for second charge of larceny over $250, but continued without a finding until 3/9/18. Charge of forgery of money order, dismissed on request of the Commonwealth. Must pay $50 per month probation supervision fee, but it is offset when paying restitution monthly.

Shaun Sherman, 25, of Royalston. Placed on pretrial probation until 12/11/17 for violation of an abuse prevention order in Orange. Must abide by any 209A restraining order in existence, and must provide the current phone number to probation. Must pay $50 per month probation supervision fee.

Eric R. Gentl, 46, of Barre, Vt. Pleaded innocent to assault and battery, in New Salem by state police. Released on personal recognizance. Inquiry made by the court under 276, section 56A. A C276, section 56A form, was filed by the Commonwealth. An allegation of abuse under 276, section 56A, was found. Continued to 10/16/17 for pretrial conference. Must pay legal counsel fee of $150.

Heather A. Couturier, 31, of Keene, N.H. Charge of disturbing the peace, in Warwick. To be dismissed on payment of $50 fine, and decriminalized, to wit, converted to a civil offense. Charge of violation of municipal by-law, to wit, having an open container of alcohol in public. To be dismissed on payment of $20 fine. Charge of possessing a Class E drug, to wit, clonodine dismissed on request of the Commonwealth. Must pay legal counsel fee of $150.

Edward D. Elmore, 50, of Adams. Charge of operating a motor vehicle with license suspended in Erving. Dismissed on request of the Commonwealth. Found not responsible for no inspection sticker.

Will Moon, 40, of Douglasville, Ga. Charge of unlicensed operation of a motor vehicle in Erving. Dismissed on request of the Commonwealth prior to arraignment. Found not responsible for speeding,

Orange, Sept. 12, Judge David S. Ross

Carson J. Goveia, 24, of Euclid Street, Athol. Pleaded innocent to six charges of breaking and entering with intent to commit misdemeanor, and five charges of larceny under $250. Bail set at $500 cash. Continued to 10/13/17 for pretrial conference.

Carson J. Goveia, 24, of Euclid Street, Athol. Pleaded innocent to possessing a Class B drug, to wit, suboxone, different date from previous case. Released on personal recognizance. Continued to 10/13/17 for pretrial conference. Must pay counsel fee of $150, or perform 16 hours of community service.

Matthew Sypher, 32, of Osgood Street, Greenfield. Charge of operating a motor vehicle with license suspended in Erving. To be dismissed on payment of $50 court costs. Found not responsible for charges of motor vehicle lights violation, and an open container of marijuana in a vehicle.

Keith Yagovane, 30, of Stone Road, Orange. Pleaded innocent to assault and battery on family/household member. Released on personal recognizance. Continued to 10/20/17 for pretrial conference.