District Court Logs, July 27, 2018

Published: 07-26-2018 9:57 PM

Orange, June 28, Judge David S. Ross

Randy J. Balchuinas, 49, of Phillipston, Ma. Found guilty following a jury trial for assault and battery on family/household member, subsequent offense, sentenced to one-year in the house of correction, suspended, placed on probation until 7/5/19 with victim witness assessment of $50, and must take and complete the certified inpatient abuse education program. Must pay probation supervision fee of $65 per month.

Orange, July 6, Judge David S. Ross

Rebecca K. Hearne, 37, of Exchange Street, Athol. Pleaded innocent to assault and battery on family/household member, assault and battery with a dangerous weapon, to wit, a glass, assault, and assault and battery with a dangerous weapon, to wit, a glass on a child under 14, released on personal recognizance, inquiry made by the court under 276, section 56A, a C276, section 56A form was filed by the commonwealth, allegation of abuse under Chapter 276, Section 56A was found, continued to 8/13/18 for pre-trial conference. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16-hours.

Jonathan R. Gainey, 18, of Federal Street, Greenfield. Pleaded innocent to two charges of assault and battery, in Erving, released on personal recognizance, must stay 20-yards away from and have no contact with an alleged victim, continued to 8/13/18 for pre-trial conference. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16-hours.

Joseph A. Beauregard, 35, of Wendell Street, Athol. Pleaded innocent to assault and battery on family/household member, and assault and battery, released on personal recognizance, must have no alcohol and subject to screens and testing, inquiry made by the court under 276, section 56A, a C276, section 56A form was filed by the commonwealth, allegation of abuse under Chapter 276, Section 56A was found, continued to 8/13/18 for pre-trial conference. Must pay legal counsel fee of $150.

James H. Harriet, 21, of High Street, Greenfield. Pleaded innocent to two-charges of assault and battery, in Erving, released on personal recognizance, must stay 20-yards away from and have no contact with a named person, continued to 8/13/18 for pre-trial conference. Must pay legal counsel fee of $150.

Laurene Raney, 27, of Alstead, N. H. Pleaded innocent to possessing a Class A drug, to wit, Heroin, possessing a Class B drug, to wit, Cocaine, and withholding evidence from criminal proceedings, in New Salem by state police, released on personal recognizance, continued to 9/14/18 for pre-trial conference. Must pay legal counsel fee of $150.

Sean-Ryan R. Bingham, 23, listed as homeless, of Athol. Pleaded innocent to operating a motor vehicle with license suspended, and motor vehicle lights violation, to be filed 8/13/18 for pre-trial conference.

Michael D. Chamberlain, 28, of Oakland Avenue, Athol. Pleaded innocent to assault and battery, released on personal recognizance, continued to 7/15/18 for pre-trial conference. Must pay legal counsel fee of $150.

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Michael A. Arsenault, 48, of Winchendon. Pleaded innocent to possessing a Class B drug, to wit, cocaine and withholding evidence from criminal proceedings in New Salem by state police. Released on personal recognizance. Continued to 8/10/18 for pretrial conference. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16 hours.

Kayla Bussiere, 23, of Green Street, Athol. Pleaded innocent to assault and battery on a police officer and disturbing the peace. Released on personal recognizance. Continued to 8/13/18 for pretrial conference. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16 hours.

Tylo D. Morales, 24, listed as homeless, in Orange. Charge of being a fugitive from justice on a court warrant from North Carolina for violation of probation was not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the authorities from North Carolina have taken custody of the defendant.

Summer R. Smith, 20, of Fourth Street, Turners Falls. Pleaded innocent to possessing a Class B drug, to wit, ectasy, and second charge of possessing a Class B drug, to wit, cocaine, in Leverett. Released on personal recognizance. Continued to 8/10/18 for status review.

Gina M. Nolette, 25, of Winchendon. Pleaded guilty to larceny over $250 in Orange. Sentenced to one year in the house of correction, suspended. Placed on probation until 7/3/20, and must pay $1,000 restitution, and ordered to pay no less payment than $200 per month.

Gina M. Nolette, 25, of Winchendon. Admitted to sufficient facts for larceny under $250 by false pretense in Orange, different date from previous case. Sufficient facts found, but continued without a finding until 7/3/20, with same conditions in another case and must pay restitution of $230 to the victim.

Gina M. Nolette, 25, of Winchendon. Pleaded guilty to breaking and entering a building in the daytime with intent to commit a felony, amended down from nighttime in Orange, different date from previous cases. Sentenced to one year in the house of correction, suspended. Placed on probation until 7/3/20. Must take and complete a substance abuse evaluation, and a mental health evaluation, and take any after-care recommended. Must have no drugs or alcohol, and subject to screens, and must pay $4,000 restitution to a victim, with a minimum of $200 paid at each month. Charge of larceny over $250. Sufficient facts found, but continued without a finding until 7/3/20, with the same conditions of probation. Must pay counsel fee of $150, or perform 16 hours of community service.

Greenfield, July 7, Judge William Mazanec III

Warren L. Brothers, 32, of Depot Street, Monroe. Charge of operating a motor vehicle with license suspended in Greenfield to be dismissed on payment of $50 court costs. Charge of miscellaneous municipal motor vehicle ordinance or bylaw violation dismissed on request of the commonwealth.

Warren L. Brothers, 32, of Depot Street, Monroe. Charge of operating a motor vehicle with license suspended in Shelburne by state police, different date from previous case, and in different town from previous case, to be dismissed on payment of $50 court costs.

Warren L. Brothers, 32, of Depot Street, Monroe. Charge of operating a motor vehicle with license suspended, in Buckland, different date from previous cases, and in different towns from previous cases, to be dismissed on payment of $50 court costs. Charge of uninsured motor vehicle, dismissed on request of the commonwealth.

Brandan L. Tinsley, 29, listed as homeless of Greenfield. Charge of possessing a Class B drug, to wit, cocaine, and possessing a second Class B drug, to wit, oxycodone. Released on personal recognizance. Continued to 8/28/18 for pretrial conference. Must pay legal counsel fee of $150.

Cary E. Malone, 27, of Springfield. Charge of operating a motor vehicle with license suspended in Greenfield to be dismissed on payment of $50 court costs.

Greenfield, July 9, Judge William Mazanec III

Alex N. Golon, 21, of West Suffield, Conn. Pleaded innocent to possessing a counterfeit note in Greenfield. Bail set at $100 cash or $1,000 surety. Continued to 8/8/18, for pretrial conference. Must pay legal counsel fee of $150.

Sarah L. Marshall, 32, of Franklin Street, 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 7/8/19, 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. Found not responsible for marked lanes violation. Charge of negligent operation of a motor vehicle, dismissed on request of the commonwealth. Must pay counsel fee of $150 or perform 16 hours of community service. Must perform four hours of community service per month.

Austin C. Blair, 22, of Walnut Street, Athol. Admitted to sufficient facts for operating under the influence of drugs in Deerfield. Sufficient facts found, but continued without a finding until 7/8/19 with head-injury assessment of $250, victim-witness assessment of $50, and OUI victims assessment of $50, with 45-days mandatory loss of license. Must continue with counseling and court Methadone treatments. Must take and complete the driver alcohol education program, and pay the fee of $726.80. Admitted to sufficient facts for possessing a Class A drug, to wit, heroin. Sufficient facts found, but continued without a finding until 7/8/19, with all the same conditions as in previous count one. Must pay legal counsel fee of $150. Must perform four-hours of community service.

Sally A. Gomario-Grosberg, 67, of Lee Road, South Deerfield. Charge of larceny over $250 from a person 60 or over and/or disabled, 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 her Fifth Amendment privilege; as a result, and based on a complete review of the file, including police reports, witness statements/recordings, and financial records, there is insufficient evidence to prove the matter beyond a reasonable doubt, and it would not be in the interest of justice to proceed with further prosecution of this charge.

Jennifer L. McLain, 36, of Freeman Drive, Greenfield. Admitted to sufficient facts for operating a motor vehicle with license suspended. Sufficient facts found, but continued without a finding until 1/9/19. Found not responsible for marked lanes violation.

Jennifer L. McLain, 36, of Freeman Drive, Greenfield. Admitted to sufficient facts for leaving the scene of property damage, different date from previous case. Sufficient facts found, but continued without a finding until 1/9/19, with victim-witness assessment of $50. Charge of operating a motor vehicle with license suspended, dismissed on request of the commonwealth. Found not responsible for miscellaneous municipal motor vehicle ordinance or bylaw, for failure to use care in starting, stopping, turning or backing. Must pay legal counsel fee of $150.

Edward A. Whitcomb, 62, of Nashua, N.H. Pleaded innocent to operating under the influence of liquor or 0.08 percent, negligent operation of a motor vehicle, and marked lanes violation, in Charlemont by state police. Released on personal recognizance. Continued to 8/9/18 for pretrial conference. Must pay legal counsel fee of $150.

David F. Hayes, 38, of East Buckland Road, Conway. Pleaded innocent to assault and battery with a dangerous weapon, to wit, a shod foot, and assault and battery, in Greenfield. Released on personal recognizance. Continued to 8/29/18 for pretrial conference.

Orange, July 9, Judge David S. Ross

Sean M. Seaman, 28, of Concord Street, Athol. Pleaded innocent to assault and battery on a family/household member. Released on personal recognizance. A C276 allegation of abuse under Chapter 276, Section 56A was found. Continued to 8/24/18 for pretrial conference. Must pay legal counsel fee of $150.

Charles E. Dunn Jr., 56, of Wendell Road, Warwick. Admitted to sufficient facts for operating under the influence of liquor or 0.08 percent, in Athol. Sufficient facts found, but continued without a finding until 7/2/19, with 45-day mandatory loss of license and must not drive 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. Charge of littering trash from a motor vehicle dismissed on request of the commonwealth. Must pay probation supervision fee of $65 per month.

Fabiola Arteaga-Chavez, 25, of L Street, Turners Falls. Charges of negligent operation of a motor vehicle, and unlicensed operation of a motor vehicle in Athol by state police both dismissed on request of the commonwealth. Found responsible for going the wrong way on a state highway. Fined $20 and it was paid this day.

Brian Riopelli, 39, of East River Street, Orange. Pleaded innocent to receiving stolen property over $250. Released on personal recognizance. Continued to 8/21/18 for pretrial conference. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16 hours.

Gabriel Santiago, 28, of Hapgood Street, Athol. Pleaded innocent to assault and battery with a dangerous weapon, to wit, a shod foot, assault and battery and cruelty to an animal. Released on personal recognizance. Continued to 8/24/18 for pretrial conference. Must pay counsel fee of $150 or perform 12 hours of community service, in lieu of regular 16 hours.

Cathleen L. Cezar, 25, of Beachwood Lane, Shutesbury. Pleaded innocent to number plate violation to conceal identification, and uninsured motor vehicle in Leverett. Found not responsible for unregistered motor vehicle.

Shafeek S. El-Min, 46, of Elm Street, Greenfield. Pleaded innocent to having operated a motor vehicle after the license to operate a motor vehicle had been revoked by reason of his or her having been found to be an habitual traffic offender, and rate of speed exceeding the posted limit in Erving. Released on personal recognizance. Continued to 9/18/18 for pretrial conference.

Lawrence J. Sprague, 56, of Ball Street, Orange. Pleaded innocent to operating a motor vehicle with license suspended. Released on personal recognizance. Continued to 8/20/18 for pretrial conference. Must pay legal counsel fee of $150.

Felicia L. Houston, 32, of West Main Street, Orange. Pleaded innocent to assault and battery on a family/household member. Released on personal recognizance. Continued to 8/24/18 for pretrial conference. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16 hours.

Dana Devoid, 32, of Barre. Charge of larceny of a motor vehicle, was not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the defendant has been charged and pled to the same charge in East Brookfield District Court.

Tyron Phan, 19, of Lynn. Placed on pretrial probation until 12/31/18 for a charge of carrying a dangerous weapon, to wit, brass knuckles, in Erving. Must pay legal counsel fee of $150. Must pay $50 per month probation supervision fee.

Nicholas T. Mavis, 29, of Belchertown. Pleaded guilty to shoplifting of $100 by concealing merchandise in Orange at Walmart. Fined $160, plus $40 surfine and victim-witness assessment of $50. Must pay legal counsel fee of $150. Must pay $50 per month probation supervision fee.

Dylan S. Alalis, 22, of Holyoke. Charges of operating under the influence of drugs, possessing a Class B drug, to wit, adderall, speeding in violation of special regulation, open container of marijuana in a vehicle were not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the commonwealth can’t prove the charges beyond a reasonable doubt at this time.

Greenfield, July 10, Judge Laurie MacLeod

Steven G. Williams, 54, of Prospect Street, Turners Falls. Pleaded innocent to assault and battery on family/household member, and resisting arrest. Bail set at $500 cash, by agreement. Must have no alcohol and subject to screens. Must have no abuse of the alleged victim. A C276, Section 56A form was filed by the commonwealth. Continued to 8/2/18 for pretrial conference. Must pay legal counsel fee of $150 and $150 legal counsel contribution.

Kassandra Medellin, 31, of Newport, Vt. Charge of possessing a Class A drug, to wit, heroin with intent to distribute in Bernardston by state police to be dismissed on payment of $500 court costs. Charge of conspiracy to violate drug laws, dismissed on request of the commonwealth.

Nolan Jacobsen, 20, of Chappell Drive, Gill. Charges of assault and battery, and strangulation or suffocation, were not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the named victim asserted his Fifth Amendment privilege, and indicated that he wouldn’t testify if called to trial; the commonwealth has reviewed the case for any excited utterance to proceed under, but, after reviewed, determined there were none. As a result, this is in the interests of justice.

Jeffrey A. Hanenkrat, 33, of Seekonk. Found responsible for marked lanes violation. Fined $100. Found responsible for unlicensed operation of a motor vehicle, fined $50. Pleaded guilty to possessing a Class B drug, to wit, LSD. Fined $50.

Robert D. Winn, 46, of North Street, Erving. Charge of malicious destruction of property under $250 value, to be dismissed on payment of $511.88 restitution, and it was paid on this date.

Alexis Arias, 23, of Holyoke. Found responsible for unlicensed operation of a motor vehicle. fined $50.

Raymond O. Marrero-Mercado, 31, of Springfield. Found responsible for unlicensed operation of a motor vehicle, fined $50. Found not responsible for rate of speeding exceeding the posted limit.

David M. Flaxman, 55, of Main Street, Ashfield. Charges of marked lanes violation, and leaving the scene of property damage in Ashfield by state police. Released on personal recognizance. Continued to 9/7/18 for pretrial conference.

Brent A. Lovely, 25, of Wells Street, Greenfield. Pleaded innocent to conspiracy to violate drug laws. Released on personal recognizance. Continued to 8/2/18 for pretrial conference.

Brent A. Lovely, 25, of Wells Street, Greenfield. Charge of unlicensed operation of a motor vehicle, different date from previous case, to be dismissed on payment of $50 court costs, or must perform four hours of community service. Found not responsible for number plate violation.

Alan R. Hunt, Sr., 69, of Park Avenue, Greenfield. Placed on pretrial probation until 10/10/18, for improper storage of a firearm, and must take and complete a gun safety course.

Wayne J. Dlugozima, 55, listed to a post box, in Greenfield. Pleaded innocent to assault and battery on family/household member, intimidating a witness, juror, police, or court official, and assault and battery on a person 60/disabled. a C276, Section 56A form was filed by the commonwealth. Allegation of abuse under Chapter 276, Section 56A was found. Continued to 8/1/18 for pretrial conference. Must pay legal counsel fee of $150.

Greenfield, July 10, Judge Laurie MacLeod

Steven G. Williams, 54, of Prospect Street, Turners Falls. Pleaded innocent to assault and battery on family/household member, and resisting arrest. Bail set at $500 cash, by agreement. Must have no alcohol and subject to screens. Must have no abuse of the alleged victim. A C276, Section 56A form was filed by the commonwealth. Continued to 8/2/18 for pretrial conference. Must pay legal counsel fee of $150 and $150 legal counsel contribution.

Kassandra Medellin, 31, of Newport, Vt. Charge of possessing a Class A drug, to wit, heroin with intent to distribute in Bernardston by state police to be dismissed on payment of $500 court costs. Charge of conspiracy to violate drug laws, dismissed on request of the commonwealth.

Nolan Jacobsen, 20, of Chappell Drive, Gill. Charges of assault and battery, and strangulation or suffocation, were not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the named victim asserted his Fifth Amendment privilege, and indicated that he wouldn’t testify if called to trial; the commonwealth has reviewed the case for any excited utterance to proceed under, but, after reviewed, determined there were none. As a result, this is in the interests of justice.

Jeffrey A. Hanenkrat, 33, of Seekonk. Found responsible for marked lanes violation. Fined $100. Found responsible for unlicensed operation of a motor vehicle, fined $50. Pleaded guilty to possessing a Class B drug, to wit, LSD. Fined $50.

Robert D. Winn, 46, of North Street, Erving. Charge of malicious destruction of property under $250 value, to be dismissed on payment of $511.88 restitution, and it was paid on this date.

Alexis Arias, 23, of Holyoke. Found responsible for unlicensed operation of a motor vehicle. fined $50.

Raymond O. Marrero-Mercado, 31, of Springfield. Found responsible for unlicensed operation of a motor vehicle, fined $50. Found not responsible for rate of speeding exceeding the posted limit.

David M. Flaxman, 55, of Main Street, Ashfield. Charges of marked lanes violation, and leaving the scene of property damage in Ashfield by state police. Released on personal recognizance. Continued to 9/7/18 for pretrial conference.

Brent A. Lovely, 25, of Wells Street, Greenfield. Pleaded innocent to conspiracy to violate drug laws. Released on personal recognizance. Continued to 8/2/18 for pretrial conference.

Brent A. Lovely, 25, of Wells Street, Greenfield. Charge of unlicensed operation of a motor vehicle, different date from previous case, to be dismissed on payment of $50 court costs, or must perform four hours of community service. Found not responsible for number plate violation.

Alan R. Hunt, Sr., 69, of Park Avenue, Greenfield. Placed on pretrial probation until 10/10/18, for , improper storage of a firearm, and must take and complete a gun safety course.

Wayne J. Dlugozima, 55, listed to a post box, in Greenfield. Pleaded innocent to assault and battery on family/household member, intimidating a witness, juror, police, or court official, and assault and battery on a person 60/disabled. a C276, Section 56A form was filed by the commonwealth. Allegation of abuse under Chapter 276, Section 56A was found. Continued to 8/1/18 for pretrial conference. Must pay legal counsel fee of $150.

Orange, July 10, Judge David S. Ross

Joshua D. Stone, 43, of Prospect Street, Athol. Pleaded innocent to assault and battery on a police officer, and of threatening to commit a crime, to wit, murder, in Athol by state police. Must stay 25 yards away from and have no contact with a named person, except to obtain personal property. Released on personal recognizance. Continued to 8/14/18 for pretrial conference. Must pay legal counsel fee of $150 and $50 counsel contribution.

Kathryn Devoid, 30, of Barre. Placed on pretrial probation until 7/31/18 for larceny of a motor vehicle, in Orange.

Dominic L. LaBonte, 23, of Wheeler Avenue, Orange. Charges of assault and battery on family/household member, and assault and battery with a dangerous weapon, to wit, a door, were not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the alleged victim has asserted a valid Fifth Amendment privilege, and the commonwealth can’t prove the case at this time without her testimony.

Brielle M. Euvard, 24, of East River Street, Orange. Charges of assault and battery with a dangerous weapon, to wit, a lit cigarette, and assault and battery on family/household member, were not prosecuted, as, according to a statement made by a counsel from the district attorney’s office, the alleged victim has asserted a valid Fifth Amendment privilege, and the commonwealth can’t prove the case at this time without his testimony.

Terrance M. Gray, 26, of Brattle Street, Athol. Pleaded innocent to assault and battery, amended down from, on a family and household member, plus charge of assault with a dangerous weapon, to wit, a can and step stool. Released on personal recognizance. Must have no drugs, and subject to screens. Continued to 8/14/18 for pretrial conference. Must pay counsel fee of $150, or perform 12 hours of community service, in lieu of regular 16 hours.

Greenfield, July 11, Judge Mark Pasquerillo

Robert Nunez, 36, of Northampton. Admitted to sufficient facts for operating under the influence of liquor or 0.08 percent in Whately by state police. Sufficient facts found, but continued without a finding until 7/10/19, with 45-day mandatory loss of license, head-injury assessment of $250, and OUI victims 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. Must pay legal counsel fee of $150, and $450 counsel contribution.

Luis D. Mantos, 38, of Deerfield Street, Greenfield. Admitted to sufficient facts for assault, in Montague. Sufficient facts found, but continued without a finding until 7/10/19, with same conditions and concurrent with another case. Admitted to sufficient facts for reckless endangerment of a child. Sufficient facts found, but continued without a finding until 7/10/17 with the same conditions as in count one.

Ronald I. Rodgers, 31, of Wells Street, Greenfield. Pleaded innocent to two charges of breaking and entering into a building in the nighttime to commit a felony, one charge of possessing a Class B drug, to wit, suboxone, two charges of vandalizing property, and one charge of larceny under $250. Released on personal recognizance. Must abide by restraining orders on behalf of alleged victims. Continued to 8/29/18 for pretrial conference.

Faline M. Waryas, 34, of Main Street, Greenfield. Pleaded innocent to leaving the scene of property damage. Released on personal recognizance. Continued to 8/30/18 for pretrial conference.

Dustin J. Gilbert, 24, of Burnt Hill Road, Charlemont. Admitted to sufficient facts for malicious damage to a motor vehicle, in Greenfield. Sufficient facts found, but continued without a finding until 7/10/19. Must stay away from and have no contact with the victim, and must pay $1,069.25 restitution this date. Admitted to sufficient facts for assault and battery. Sufficient facts found, but continued without a finding until 7/10/19. Must have mental health evaluation and take any after-care recommended, and must stay away from and have no contact with the victim.

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