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District Court Log, Dec. 11-16

Orange, Dec. 11, Judge David S. Ross

Eric R. Antunes, 24, of Brookside Road, Orange. Pleaded guilty to breaking and entering a vehicle or boat in the nighttime with intent to commit a felony, sentenced to 18 months in the house of correction, suspended, placed on probation until 6/16/15 must have no drugs or alcohol, subject to testing/screens. Must have GPS applied and must observe a curfew of 11 p.m. to 5 a.m. until 3/11/14. Must have mental health evaluation according to state law, and take any after care recommended. Pleaded guilty to attempt to commit a crime, to wit, breaking and entering into a motor vehicle in the nighttime with intent to commit a felony, sentenced to 18 months in the house of correction, suspended, placed on probation until 6/16/15, with same conditions and probation as in count one. Must pay legal counsel fee of $150, or perform 16 hours community service. Must pay $65 per month probation supervision fee or perform eight hours per month community service.

Eric R. Antunes, 24, of Brookside Road, Orange. Fifteen charges of attempting to commit the offense of breaking and entering a vehicle or boat in the nighttime with intent to commit a felony, same date as in previous case, were all dismissed at request of the commonwealth.

Justin R. Bacigalupo, 22, of Concord Street, Athol. Charge of assault with a dangerous weapon, to wit, a metal pipe was not prosecuted, as, according to a written statement from a counsel on the district attorney’s staff, (it was) in the interest of justice.

Sara Breault, 29, of Ridge Avenue, Athol. Charge of assault and battery, was not prosecuted, as, according to a written statement from a counsel on the district attorney’s staff, the victim has asserted his Fifth Amendment privilege, and the commonwealth can’t prove its case without his testimony. Must pay legal counsel fee of $150.

Edmond Progen, 67, of Goodale Street, Athol. Pleaded innocent to intimidating a witness, threatening to commit a crime, to wit, murder, and assault and battery, released on personal recognizance, continued to 1/17/14 for pre-trial conference. Must pay legal counsel fee of $150.

Jessica C. Thibeault, 27, of Twichell Street, Athol. Charge of assault and battery with a dangerous weapon, to wit, glass bottles, was not prosecuted, as, according to a written statement from a counsel on the district attorney’s staff, after speaking with the witnesses, the commonwealth can’t prove its case against the defendant.

Aaron Q. Stevens, 40, of East River Street, Orange. Charges of assault and battery with a dangerous weapon, to wit, a glass bottle, and carrying a dangerous weapon, to wit, a switch blade, were not prosecuted, as, according to a written statement from a counsel on the district attorney’s staff, the commonwealth can’t prove its case against the defendant at this time.

Brian, L. Lavenski, 27, of Partridgeville Road, Athol. Pleaded guilty to assault and battery with a dangerous weapon, to wit, a glass bottle, sentenced to one-year in the house of correction, suspended, with $90 victim witness assessment, placed on probation until 12/9/14, must stay 100 yards away from and have no contact with the victim. Must have mental health evaluation according to state law, and take any after care recommended, including medications if prescribed. Must have no drugs or alcohol, subject to testing/screens, and must provide DNA to the state police data base. Must pay legal counsel fee of $150. Must pay $50 default warrant fee. Must pay $65 per month probation supervision fee or perform eight hours per month community service.

Greenfield, Dec. 12, Judge Laurie MacLeod

Carrie E. Swain, 24, of Shirley. Admitted to sufficient facts for operating under the influence of liquor, in Greenfield, but continued without a finding until 12/11/14 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 $567.22. Charge of negligent operation of a motor vehicle, dismissed at request of the commonwealth. Admitted to sufficient facts for failure to stop for police, but continued without a finding until 6/12/14. Found not responsible for unregistered motor vehicle. Must pay legal counsel fee of $150. Must pay $65 per month probation supervision fee.

Orange, Dec. 12, Judge David S. Ross

Taylor O’Brien, 22, of East River Street, Orange. Admitted to sufficient facts for assault and battery, amended down from assault and battery on a person 60 or over, but continued without a finding until 3/13/14, with victim witness assessment of $50, and must have mental health evaluation according to state law, and take any after care recommended, and must stay away from and have no contact with the alleged victim, and two other named people. Must make $15 restitution to the victim. Admitted to sufficient facts for second charge of assault and battery, amended down from assault and battery with a dangerous weapon, to wit, a shovel, but continued without a finding until 3/13/14, with same conditions as in count one. Must pay legal counsel fee of $150, or perform 16 hours community service. Must pay $50 default warrant fee, and must pay default warrant arrest fee of $75. Must pay $50 per month probation supervision fee.

Phillip R. Gautreau, 36, of Chapman Street, Greenfield. Charges of assault with intent to murder, assault with intent to commit rape, indecent assault and battery on a person 14 or over, and two charges of assault and battery, were not prosecuted, as, according to a written statement from a counsel on the district attorney’s staff, the defendant has been indicted and arraigned in Superior Court.

Marc W. Roy, 33, of Marble Street, Athol. Admitted to sufficient facts for assault and battery, but continued without a finding until 6/10/14, with victim witness assessment of $50, and must have substance abuse evaluation, and take any follow up treatment recommended by probation. Charge of intimidating a witness, dismissed at request of the commonwealth. Legal fee of $200 was satisfied through community service. Must pay $50 per month probation supervision fee.

Greenfield, Dec. 13, Judge William Mazanec

James E. Hogan, 50, of Chicopee. Found responsible for unlicensed operation of a motor vehicle, in Whately, fined $50, and decriminalized, to wit, converted to a civil complaint.

Betsiada A. Vargas-Garcia, 30, of Brattleboro, Vt. Charge of unlicensed operation of a motor vehicle, in Bernardston by state police, to be dismissed on payment of $50 court costs. Found not responsible for number plate violation.

Natalie J. Viggiano, 43, of Long Branch, N.J. Charge of operating with suspended license, to be dismissed on payment of $50 court costs. Found not responsible for motor vehicle lights violation, and speeding.

Orange, Dec. 13, Judge David S. Ross

Cayla S. Plasse, 21, of Crescent Street, Millers Falls. Admitted to sufficient facts for larceny over $250, in Orange, sentenced to one-year in the house of correction, and must complete the anti-shoplifting program and complete the community corrections program in Northampton. Charge of wearing a disguise to obstruct justice, dismissed at request of the commonwealth. Must pay legal counsel fee of $150, or perform 16 hours community service. Must pay $50 default warrant fee.

James Braun, 21, of West Royalston Road, Athol. Pleaded guilty to assault and battery, amend down from assault and battery with a dangerous weapon, to wit, a motor vehicle, sentenced to six-months in the house of correction, suspended, placed on probation until 12/12/14 with victim witness assessment of $50. Restitution yet to be determined. Pleaded guilty to leaving the scene of property damage, sentenced to the same six-months in the house of correction, suspended, placed on probation until 12/12/14, concurrent with, and same conditions as in count one. Charge of intimidating a witness, dismissed at request of the commonwealth. Must pay legal counsel fee of $150, or perform 16 hours community service. Must pay $50 per month probation supervision fee or four hours per month community service.

James Braun, 21, of West Royalston Road, Athol. Pleaded guilty to shoplifting at Walmart in Orange, different date from previous case, fined $10 with $2.50 (cq) surfine and victim witness assessment of $50.

Randy T. Williams, 24, of Worcester. Pleaded guilty to violation of an abuse prevention order, in Athol, placed on probation until 12/11/15, and must complete a certified anti-batterer’s program Must have mental health evaluation according to state law, and take any after care recommended, must take medications as prescribed, must stay 50 yards away from and have no contact with the victim, must have GPS applied, but the GPS fee and battery fee are waived in this case. Must pay victim witness assessment of $50. Must pay $65 per month probation supervision fee or perform eight hours per month community service.

Enrique Rodiguez, Pleaded innocent to unlicensed operation of a motor vehicle, and motor vehicle lights violation, in Erving by state police, released on personal recognizance, continued to 3/25/14 for pre-trial conference.

Jessica L. Dennis, 25, of Mechanic Street, Orange. Pleaded innocent to receiving stolen property, and being an accessory after the fact, released on personal recognizance, continued to 2/7/14 for pre-trial conference.

Jon J. Brooks, 39, of Lake Avenue, Orange. Pleaded innocent to operating with suspended license, and unregistered motor vehicle, released on personal recognizance, continued to 3/11/14 for pre-trial conference.

Jon J. Brooks, 39, of Lake Avenue, Orange. Pleaded innocent to operating with suspended license, and speeding in violation of special regulations, different date from previous case, released on personal recognizance, continued to 3/11/14 for pre-trial conference.

Karen M. Sokoloski, 50, of Mt. Hermon Station Road, Northfield. Pleaded innocent to operating with suspended license, no inspection sticker, and miscellaneous motor vehicle equipment violation, in Erving, released on personal recognizance, continued to 3/11/13 for pre-trial conference.

Ryan J. Pultorak, 23, of East Myrtle Street, Orange. Pleaded guilty to aggravated assault and battery with a dangerous weapon, to wit, stairs, sentenced to two-years in the house of correction, six-months direct, balance suspended, placed on probation until 12/11/15, must complete a certified anti-batterer’s program. Must have mental health evaluation according to state law, and take any after care recommended, must have no drugs or alcohol, subject to testing/screens, must stay away from and have no contact with the victim while the defendant is in the batterer’s program, or three counseling programs. Given credit for time served. Pleaded guilty to assault and battery, and violation of an abuse prevention order, sentenced to two-years each in the house of correction, with six months direct, balance suspended, and placed on probation until 12/11/15, with same conditions as in count one. Must pay legal counsel fee of $150, or perform 16 hours community service. Must pay $65 per month probation supervision fee.

Kayla Lawson, 19, of Second Street, Orange. Admitted to sufficient facts for filing a false crime report, but continued without a finding until 12/15/14 with victim witness assessment of $50, must have no drugs and subject to screens, must have substance abuse evaluation, and take any follow up treatment recommended by probation, and must have mental health evaluation according to state law, and take any after care recommended. Placed on pre-trial probation until 12/15/14 for larceny over $250, and vandalizing property, on both and with the same conditions as in the first count. Must pay legal counsel fee of $150, or perform 16 hours community service. Must pay $65 per month probation fee.

Angela M. Tourigny, 37, of East River Street, Orange. Charges of disturbing the peace, and resisting arrest, were dismissed, prior to arraignment, as, according to a written statement from a counsel on the district attorney’s staff, (it was) in the interest of justice; while there is probable cause for the arrest, the defendant was held overnight on charges; no further penalty is necessary.

Billy J. Cote, 37, of Fish Street, Athol. Pleaded innocent to violation of an harassment prevention order, released on personal recognizance, continued to 1/24/14 for pre-trial hearing. Must pay legal counsel fee of $150, or perform 16 hours community service.

Orange, Dec. 16, Judge David S. Ross

Joseph C. Brooks, 76, of Summer Street, Athol. Pleaded innocent to violation of an abuse prevention order, released on personal recognizance, continued to 2/7/14 for pre-trial conference. Must pay legal counsel fee of $150, or perform 16 hours community service

Brittney Cross, 19, of Mechanic Street, Orange. Charges of intimidating a witness, vandalizing property, and assault and battery, were not prosecuted, as, according to a written statement from a counsel on the district attorney’s staff, the victim asserted her Fifth Amendment privilege on the record and the commonwealth can’t go forward without her testimony.

Stephen R. Hahn-Barbarian, 23, of East Main Street, Orange. Pleaded innocent to unarmed robbery, and assault and battery with a dangerous weapon, to wit, a shod foot, bail set at $200 cash, continued to 1/14/14 for bind over hearing. Must pay legal counsel fee of $150, or perform 16 hours community service.

Deshon I. Sanders, 19, of Birchwood Circle, Millers Falls. Found responsible for unlicensed operation of a motor vehicle, in Erving, fined $100, and decriminalized, to wit, converted to a civil complaint.

Susan M. Martin, 44, of Highland Avenue, Athol. Pleaded innocent to operating with suspended license, released on personal recognizance, continued to 3/14/14 for pre-trial conference.

Michael Harju, 29, of Gilman, Conn. Charges of breaking and entering into a building in the daytime with intent to commit a felony, wanton destruction of property over $250, larceny under $250, amended down from larceny of a drug, and a count of larceny over $250, in Athol, were not prosecuted, as, according to a written statement from a counsel on the district attorney’s staff, the defendant has been indicted and arraigned in superior court.

Michael Harju, 29, of Gilman, Conn. Charges of breaking and entering a building in the daytime with intent to commit a felony, larceny over $250, and larceny under $250, amended down from larceny of a drug, in Athol, different date from previous case, were not prosecuted, as, according to a written statement from a counsel on the district attorney’s staff, the defendant has been indicted and arraigned in superior court.

Michael Harju, 29, of Gilman Conn. Charges of breaking and entering into a building in the daytime with intent to commit a felony, larceny over $250, carrying a dangerous weapon, to wit, a spring assisted knife, receiving stolen property, and wanton destruction of property over $250, in Orange, same date as in previous case, were not prosecuted, as, according to a written statement from a counsel on the district attorney’s staff, the defendant has been indicted and arraigned in superior court.

Greenfield, Dec. 16, Judge Laurie MacLeod

Jennifer M. Doolittle, 34, of Davis Street, Greenfield. Pleaded innocent to larceny from a person 65 or older, two charges of forgery of a check, two charges of uttering a false check, one of intimidating a witness, juror, police, or court officials, and one of attempt to commit a crime, to wit, larceny from a person 65 or older, released on personal recognizance, continued to 1/21/14 for pre-trial conference. Must pay legal fee of $150.

Orange, Dec. 17, Judge David S. Ross

Alyson D. Doyle, 49, of Marble Street, Athol. Found responsible for operating with suspended license, fined $25, and decriminalized, to wit, converted to a civil complaint.

Carolyn Hodge, 41, of Beacon Street, Orange. Pleaded innocent to cruelty to an animal, released on personal recognizance, continued to 1/31/14 for pre-trial conference.

Kyle J. Swan, 21, of North Main Street, Orange. Charge of violation of miscellaneous municipal ordinance or by law, to wit, failure to license a dog, to be dismissed on payment of $10 court costs. Second charge of violation of miscellaneous municipal ordinance or by law, to wit, failure to vaccinate a dog, Must pay $50 warrant fee.

Darren Favreau, 43, of Troy, N.Y. Pleaded innocent to operating with suspended license, released on personal recognizance, continued to 1/3/14 for pre-trial conference.

Shawn M. Coleman, 22, of Packard Road, Orange. Charges of possession of a Class E drug, to wit, Flexiril, and carrying a dangerous weapon, to wit, a spring assisted knife, were not prosecuted, as, according to a written statement from a counsel on the district attorney’s staff, the motion to suppress was allowed; the state has no evidence to proceed to trial.

Kimberly A. Pinnock, 53, of Pine Street, Warwick. Charge of being the owner of, or person in control of a motor vehicle, who knowingly permitted such vehicle to be operated by a person who was unlicensed, or whose license had been suspended or revoked, in Orange, to be dismissed on payment of $15 court costs.

Peter T. Hebert Jr., 53, of Euclid Street, Athol. Admitted to sufficient facts for operating under the influence of liquor, amended down from operating under the influence of liquor, second offense, but continued without a finding until 12/16/14, with 45-day mandatory loss of license, starting this date, plus $250 fine, head injury assessment of $250, OUI victim’s assessment of $50, and victim witness assessment of $50, and must not operate a motor vehicle again until the Registry of Motor Vehicles reinstates the license. Charge of reckless operations of a motor vehicle, dismissed at request of the commonwealth. Must pay legal counsel fee of $150, or perform 16 hours community service. Must pay $65 per month probation supervision fee.

Scott R. Simmons, 42, of South Shore Drive, Orange. Pleaded guilty to operating under the influence of liquor, third offense, to so much as alleges second offense, placed on probation until 12/15/15, and must take and complete the 14-day inpatient drug and alcohol education program, and the cost of $1050 is waived in this case, but no driving until the Registry of Motor Vehicles reinstates the license. Must have mental health evaluation according to state law, and take any after care recommended, must have no drugs or alcohol, subject to testing/screens. Charge of negligent operation of a motor vehicle, dismissed at request of the commonwealth. Found not responsible for marked lane violation, Must pay legal counsel fee of $150. Must pay $65 per month probation supervision fee.

Mark A. Upshaw, 22, of Troy, N.H. Admitted to sufficient facts for negligent operation of a motor vehicle, in Athol, but continued without a finding until 3/14/14 with , head injury assessment of $250, and victim witness assessment of $50. Found not responsible for marked lane violation.

Must pay $50 per month probation supervision fee.

Greenfield, Dec. 17, Judge Laurie MacLeod

Thomas C. Powers, 45, of South Main Street, Deerfield. Pleaded innocent to resisting arrest, released on personal recognizance, continued to 2/10/14 for pre-trial conference. Must pay legal counsel fee of $150.

Destiny Klein, 22, of Riverside Drive, Greenfield. Charge of extortion by false report of a crime, and, according to the description listed in the criminal complaint, the defendant, by a written or printed communication, maliciously threatened to accuse another person of a crime or offense, with intent thereby to extort money or pecuniary advantage from (a named person) or with intent to compel such person to do an act against his or her will, in violation of General Law chapter 265, section 25, was not prosecuted, as, according to a written statement from a counsel on the district attorney’s staff, (it was) in the interest of justice.

Gia C. Westerman, 21, of Deerfield street, Greenfield. Pleaded innocent to assault and battery, released on personal recognizance, must have no abuse of the alleged victim, continued to 2/3/14 for pre-trial conference.

Mitchell MacConnell, 21, of Davis Street, Greenfield. Placed on pre-trial probation until 3/17/14 for retaliatory violation of an abuse prevention order, and must have no abuse of the victim. Must pay legal counsel fee of $150.

Ayron M. Hemingway, 21, of Deer Run Lane, Charlemont. Charge of assault and battery, in Greenfield dismissed at request of the victim with accord and satisfaction accepted by the judge. Must pay legal fee of $150.

Brandon McKelvey, 21, of Riverview Drive, Turners Falls. Charge of possession of a Class E drug, to wit, acetaminophen and oxycondone, to be dismissed on payment of $50.

Justin Shaida, 25, of Riverside Drive, Greenfield. Charge of possession of a Class E drug, to wit, Tylox and Adderall to be dismissed on payment of $50.

Greenfield, Dec. 17, Judge William Mazanec

Theodore J. Burrell, 45, of Shelburne Road, Greenfield. Pleaded guilty to violation of an abuse prevention order, placed on probation until 6/17/15, with victim witness assessment of $50. Must have mental health evaluation according to state law, and take any after care recommended, by probation, must take medications, and must have no abuse of the victim. Must pay $65 per month probation supervision fee.

Theodore J. Burrell, 45, of Shelburne Road, Greenfield. Admitted to sufficient facts for intimidating a witness, in Greenfield, different date from previous case, but continued without a finding until 6/17/15, concurrent with and with the same conditions.

Theodore J. Burrell, 45, of Shelburne Road, Greenfield. Pleaded guilty to violation of an abuse prevention order, in Montague, different date from previous cases, placed on probation until 6/17/15, concurrent with and with all the same conditions as in previous case.

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