Police Briefs 11-22-2017

ARREST Report

MONDAY, NOVEMBER 13

Edward Perez, 27, of Mattapan, was arrested on three outstanding warrants.

Daniel Pineda, 30, of 581 Proctor Ave., was arrested on a charge of assault and battery in a domestic situation.

 

TUESDAY, NOVEMBER 14

Nelson J. Aguilar, 23, of 120 Marshall St., was arrested on charges of illegal possession with intent to distribute Class B and Class D controlled narcotic substances, possession of a firearm without an FID card, and possession of ammunition without an FID card.

Daniel Nazario, 25, of Boston, was arrested on an outstanding warrant and on a charge of larceny of property in an amount greater than $250.

 

WEDNESDAY, NOVEMBER 15

Douglas Vasquez, 22, of East Boston, was arrested on an outstanding warrant.

Nicole T. Skillin, 40, of East Boston, was arrested on two outstanding warrants and on a charge of larceny of property in an amount greater than $250.

A 17-year-old juvenile was arrested on charges of receiving stolen property in an amount less than $250, two counts of uttering a counterfeit note, and larceny by check in an amount greater than $250.

 

THURSDAY NOVEMBER 16

Brian E. Kagan, 44, of Marblehead, was arrested on two outstanding warrants.

 

FRIDAY,  NOVEMBER 17

Erik A. Yandle, 45, of 210 Endicott Ave., was arrested on charges of operating a motor vehicle while under the influence of drugs, operating a motor vehicle recklessly so as to endanger, and vandalizing property.

Bobby Edward Fussell, 40, of Boston, was arrested on charges of assault with intent to murder by means of a firearm, unlawful possession of ammunition, carrying a loaded firearm, illegal possession of a firearm without an FID card, and assault and battery by means of a dangerous weapon.

John W. Polk, 59, of 350 Revere Beach Blvd., was arrested on a charge of open and gross lewdness.

John Santosuosso, 38, of East Boston, was arrested on a charge of operating a motor vehicle after his right to operate had been suspended.

 

SATURDAY, NOVEMBER 18

Lauren Ann Richards, 28, of 53 Eastern Ave., was arrested on charges of illegal possession of a Class A controlled narcotic substance and unlicensed operation of a motor vehicle.

Breana M. Zarba, 28, of Lynn, was arrested on a charge of shoplifting.

Everard Servin Pineda, 43, of 20 Woodland Rd., was arrested on a charge of unlicensed operation of a motor vehicle.

SUNDAY, NOVEMBER 19

Daniel Boyd Griffin, 57, of Longmont, Colorado, was arrested on an outstanding warrant.

Matheus Carvalho Dias, 20, of 58 Foster St., was arrested on charges of operating a motor vehicle while under the influence of drugs and illegal possession of a Class D controlled narcotic substance with intent to distribute.

Comprehensive criminal justice reform legislation passed

House Speaker Robert A. DeLeo and Representative RoseLee Vincent joined their colleagues in the House to pass comprehensive criminal justice reform legislation that will lead to a more equitable system by supporting our youngest and most vulnerable residents, reducing recidivism, increasing judicial discretion, and enhancing public safety.

“This landmark legislation will make our criminal justice system significantly more equitable while enhancing public safety through a series of workable, real-world solutions,” said Speaker DeLeo. “I am proud of the unprecedented reforms we’ve made to support our youngest and most vulnerable residents, particularly children facing adversity and individuals of all ages battling addiction. I am grateful for the dedication and insight of Chairwoman Cronin, and I thank Chairman Sanchez, Leader Mariano and Chief Justice Ireland for their guidance.”

“I am proud that under the leadership of Speaker DeLeo, Chairwoman Cronin and Chairman Sanchez, the House was able to adopt a meaningful Criminal Justice Reform bill that will help to revamp and enhance the Commonwealth’s criminal justice system,” said Representative Vincent.  “It has been decades since our criminal justice system was studied and tweaked with legislation. I believe the provisions included in the House bill will help to make our system better, and I am happy to have supported its passage.”

“This is a reform plan for the real world,” said Chief Justice Roderick L. Ireland, Distinguished Professor of Criminology and Criminal Justice at Northeastern University. “This bill provides judges with enhanced discretion and allows people to reclaim their lives after their debt to society is paid. I commend Speaker DeLeo and the Massachusetts House for their meaningful work on a very complex issue.”

For the first time in the history of Massachusetts, this legislation would establish a process for expunging criminal records. Courts will now be able to expunge certain juvenile and young adult (18-21) records, and records in cases of fraud or where an offense is no longer a crime. The legislation also bars third-party data companies from disseminating expunged records.

This legislation reflects a balanced, modern, smart-on-crime approach to sentencing. It eliminates mandatory and statutory minimum sentences for many low-level, non-violent drug offenses. At the same time, it bolsters the House’s multi-tiered approach to the opioid epidemic by creating the nation’s strongest law for trafficking Carfentanil and by strengthening the Fentanyl trafficking law. The legislation also toughens penalties for repeat offenders convicted of operating under the influence (OUI).

As part of the House’s focus on combatting the opioid epidemic and providing healthcare parity, this legislation requires district attorneys to create pre-arraignment diversion programs for military personnel, veterans, and individuals with addiction or mental health issues. It removes the age restriction to participate in a diversion program, as they are currently only available to defendants 22 and under. The bill also establishes restorative justice as a voluntary, pre-arraignment program.

The House has a longstanding legacy of supporting the Commonwealth’s most vulnerable children, particularly those facing trauma and adversity. Accordingly, this bill raises the minimum age of criminal responsibility from seven to ten and decriminalizes a first offense misdemeanor if the punishment is a fine or imprisonment for not more than six months. The legislation establishes a Juvenile Justice Policy and Data Commission, which will make the state eligible for additional federal funding, and a Childhood Trauma Task Force to study and recommend gender responsive and trauma-informed approaches to treatment of youths in the juvenile justice system. The bill also extends good Samaritan protections to alcohol incapacitation for individuals under 21.

Following reforms in 2010 and 2012, this legislation again updates the Commonwealth’s criminal offender record information (CORI) system to help individuals secure gainful employment and housing:

 

  • Reduces the wait time to seal a conviction from 10 years to seven years for a felony, and from five years to three years for a misdemeanor.
  • Allows a conviction for resisting arrest to be sealed.
  • Expands the ability of an applicant with a sealed record to be able to answer “no record” on housing applications.
  • Creates an appeal process for applicants who have been denied a professional license due to a sealed record of a conviction.
  • Establishes protections for businesses and landlords who shall be presumed to have no notice or ability to know about criminal records that have been sealed or expunged.

This legislation updates the Commonwealth’s bail system and enhances judicial discretion by requiring a judge to take a person’s financial resources into account when determining bail. Fines and fees could be waived if they would make it impossible for an individual, their immediate family or their dependents to meet basic food, shelter and clothing needs.

The legislation sets a limit on how long an inmate can be held in segregation (solitary confinement) without review and bans segregation for pregnant women and juveniles. It also creates a Segregation Review Board to ensure appropriate oversight of the use of segregation. Additionally, the bill creates a process and establishes an independent board for terminally ill inmates to petition for medical parole.

The legislation raises the threshold for larceny to qualify as a felony from $250 to $1,000. It also creates the crime of solicitation that is tied to the severity of the underlying crime.

The bill passed the House 144-9. The vote follows unanimous passage of a separate criminal justice bill on Monday (commonly referred to as the Council of State Government bill) designed to complement the House’s comprehensive bill. The CSG bill allows individuals to earn early release by participating in recidivism-reduction programs.

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