No bail for Greenfield man charged in gun incident at supermarket


Staff Writer
Published: 3/13/2023 5:06:04 PM
Modified: 3/13/2023 5:05:43 PM

GREENFIELD — A Franklin County Superior Court judge declined to assign bail to a Greenfield man facing assault charges for allegedly pulling a gun on another man in the Stop & Shop supermarket parking lot on March 2.

Judge Michael Callan decided Luis E. Marin, 39, of Juniper Court, was too dangerous to be released after reviewing security footage prosecutors say shows Marin brandishing a firearm. Marin has pleaded not guilty in Greenfield District Court to two counts of assault with a dangerous weapon. The bail petition was heard in Superior Court but the case will remain in District Court.

Marin’s court-appointed attorney, R. Dave DeHerdt, asked for his client to be released on personal recognizance.

Assistant District Attorney Elayna Bartolomeo, who is prosecuting the case for the Northwestern District Attorney’s Office, on Friday showed the court security footage from two camera angles and said Marin is seen with a firearm and a cellphone. However, DeHerdt told Callan the footage shows Marin holding a cellphone only, not a firearm.

DeHerdt also said the footage contradicts claims made by the alleged victim and a supermarket employee that Marin brandished a firearm and waved it in the air. He mentioned no gun was located on Marin’s person or in the vehicle and searches for one in the immediate area were unsuccessful.

Police responded to Stop & Shop on the French King Highway at around 1:45 p.m. on March 2 for a reported threat with a gun, stemming from a confrontation between two men. In a police report, Greenfield Police Sgt. Megan Cloutier states she reviewed security footage that corroborated statements from the alleged victim and a supermarket employee, both of whom said Marin brandished a gun.

The footage shows the alleged victim approaching Marin, who is sitting in the driver’s seat of a vehicle parked in front of Stop & Shop. Marin eventually gets out and the two appear to have a heated exchange of words before the alleged victim strikes Marin, who appears to retrieve something from his waistband and briefly chase the other man out of the camera’s frame. DeHerdt said his client pulled a cellphone from his waistband.

Marin is due back in court on March 23 for a pretrial hearing.

Reach Domenic Poli at: or 413-930-4120.


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