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District Court Logs, Jan. 50 11, 2018


Wednesday, January 17, 2018
Greenfield, Jan. 5, Judge William Mazanec III

Fitzroy Daley, 59, of Amherst Road, Sunderland. Charge of unlicensed operation of a motor vehicle, to be dismissed on payment of $50 court costs and it was paid today.

Greenfield, Jan. 8, Judge Michael Ripps

Patrick M. Clark, 23, of South Shelburne Road, 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 1/7/19, 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. Charge of negligent operation of a motor vehicle, dismissed on request of the Commonwealth. Found not responsible for marked lanes violation, and possessing an open container of alcohol in a motor vehicle. Must pay probation supervision fee of $65 per month.

Nicholas Savage, 31, of main Street, Conway. Admitted to sufficient facts for operating under the influence of liquor or 0.08 percent. Sufficient facts found, but continued without a finding until 1/7/19, 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. Travel restriction was waived. Must pay probation supervision fee of $65 per month for one year. Must pay legal counsel fee of $150 and $50 counsel contribution.

Greenfield, Jan. 8, Judge William Mazanec III

Bethany Donais, 27, of Bayberry Court, Greenfield. Pleaded innocent to larceny under $250 by false pretense, conspiracy to violate drug laws, and filing a false crime report. Released on personal recognizance. Must have no drugs, and subject to screens. Continued to 2/8/18 for pretrial conference. Must perform 16 hours community service in lieu of legal counsel fee.

Kyle M. Haueisen, 27, of Abbott Street, Greenfield. Pleaded innocent to operating under the influence of liquor or 0.08 percent, second offense, failure to stop/yield, marked lanes violation, negligent operation of a motor vehicle, and unsafe operation of a motor vehicle. Released on personal recognizance. Continued to 3/1/18 for pretrial conference.

Orange, Jan. 8, Judge David S. Ross

Melissa A. Desreuisseau, 36, of South Street, Athol. Admitted to sufficient facts for possessing a Class E drug, to wit, gabapentin. Sufficient facts found, but continued without a finding until 5/1/18, and must have no drugs, and subject to screens and must take and complete a substance abuse evaluation and take any after-care treatment recommended. Charge of uninsured motor vehicle dismissed on request of the Commonwealth.

Phylis Harris, 40, of Main Street, Athol. Pleaded innocent to assault and battery. Released on personal recognizance. Continued to 2/12/18 for pretrial conference. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16 hours.

Carson J. Goveia, 24, of Euclid Street, Athol. Admitted to sufficient facts for breaking and entering with intent to commit a misdemeanor. Sufficient facts found, but continued without a finding until 1/8/19. Must have no drugs, and subject to screens. Must take and complete a substance abuse evaluation, and take any after-care treatment recommended. Admitted to sufficient facts for larceny under $250. Sufficient facts found, but continued without a finding until 1/8/19. Five charges of breaking and entering with intent to commit a misdemeanor, and five charges of larceny under $250 were all dismissed on request of the Commonwealth. Must pay probation supervision fee of $65 per month. dismissed on request of the Commonwealth, but waived until 7/6/18.

Carson J. Goveia, 24, of Euclid Street, Athol. Charge of possessing a Class B drug, to wit, suboxone, different date from previous case, dismissed on request of the Commonwealth. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16 hours.

Isaiah J. Greene, 18, of Daniel Shays Highway, New Salem Admitted to sufficient facts for breaking and entering with intent to commit a misdemeanor. Sufficient facts found, but continued without a finding until 7/6/18, and must have no drugs or alcohol, and subject to screens. Admitted to sufficient facts for larceny under $250, amended to add, on a person 60 or over. Sufficient facts found, but continued without a finding until 7/6/18 with same conditions as in the previous count. Must pay legal counsel fee of $150.

Anthony M. Cutaia, 26, of South Main Street, Orange. Pleaded guilty to disorderly conduct. Fined $80, plus $20 surfine and victim-witness assessment of $50. Charge of assault and battery dismissed on request of the Commonwealth. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16 hours.

Erik H. Lamar, 33, of Main Street, Athol. Charge of assault and battery on family/household member dismissed on request of the Commonwealth. Must pay legal counsel fee of $150.

Erik H. Lamar, 33, of Main Street, Athol. Pleaded guilty to assault and battery on family/household member. Placed on probation until 7/8/18, with victim-witness assessment of $50, and must attend and complete the certified batterer’s program, and take any follow-up treatment recommended and must take and complete a substance abuse evaluation, and take any after-care treatment recommended, plus $15 restitution. Pleaded guilty to second assault and battery on family/household member. Placed on pretrial probation until 7/8/18, with same conditions in previous count. Must pay probation supervision fee of $65 per month, but that is waived for six months until 7/6/18 while in the specified program.

David M. Bishop, 39, of Leroy Court, Athol. Placed on pretrial probation until 7/6/18 for assault and battery on a police officer, and must write a letter of apology to the chief of police of Athol Police Department. Must have mental health evaluation and take any after-care recommended. Must pay $50 per month probation supervision fee.

Greenfield, Jan. 10, Judge William Mazanec III

Zygmunt J. Ambros, 49, of Graves Street, South Deerfield. Admitted to sufficient facts for negligent operation of a motor vehicle. Sufficient facts found, but continued without a finding until 4/10/18 with victim-witness assessment of $50. Must pay $50 per month probation supervision fee.

Dominic Dilizia, 24, of Feeding Hills. Placed on pretrial probation until 7/10/18 for larceny over $250 in Greenfield, and must make $780.00 restitution, and it is to be paid of $130 per month until the full $780 is paid in full to the victim. Must perform four hours community service. Must perform 16 hours community service in lieu of legal counsel fee.

Johnny Medina, 24, of Aster Court, Greenfield. Charge of assault and battery on family/household member, was not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the defendant provided the Commonwealth with alibi evidence. After reviewing that evidence, along with the evidence the Commonwealth has, we can’t sustain our burden, and this is in the interest of justice. Must pay legal counsel fee of $150.

Jeremy R. Damon, 23, of Bernardo Drive, Montague. Charges of assault and battery on family/household member, and strangulation or suffocation, were not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the Commonwealth, having reviewed all remaining evidence, including a full written recantation by the named victim, cannot sustain its burden going forward; as result, this is in the interest of justice. Must pay legal counsel fee of $150.

Greenfield, Jan. 11, Judge William Mazanec III

Luis F. Carromero, 48, of Central Street, Turners Falls. Pleaded innocent to operating a motor vehicle with license suspended. Released on personal recognizance. Continued to 4/11/18 for pretrial conference.

James R. Frost, 41, of Solon Street, Greenfield. Charge of assault and battery, was not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the named victim in this matter, has asserted his Fifth Amendment right. Due to the fact there were no other witnesses, the Commonwealth is unable to meet its burden beyond a reasonable doubt.

Patrick J. Johnson, 54, of West Leyden Road, Colrain. Charge of assault and battery in Greenfield was not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the named victim in this matter, has asserted his Fifth Amendment right. Due to the fact there were no other witnesses, the commonwealth is unable to meet its burden beyond a reasonable doubt.