BOSTON, Dec. 4, 2018–An off-duty police officer from New Jersey today admitted to an unprovoked assault on a stranger inside a Boston pizza shop earlier this year, Suffolk County District Attorney John P. Pappas said.

During an appearance this afternoon in Suffolk Superior Court, DANIEL HUNT, 27, of Barrington, N.J., pleaded guilty to the indicted charge of assault and battery for his role in the January beating that left another man with facial injuries that required surgery. Assistant District Attorney Judith Lyons of the DA’s Major Felony Bureau recommended that the court enter a guilty finding and sentence him to two years of probation with orders that Hunt have no contact with the victim, remain alcohol and drug free, undergo an anger management program, and pay $2,618.67 in restitution for out-of-pocket costs incurred by the victim as a result of the injuries he suffered in the attack.

Judge Rosalind Miller did not find Hunt guilty and instead continued the case without a finding for a probationary period of two years. She imposed all the orders recommended by prosecutors except the anger management program, which Hunt had completed while the case was pending. She additionally ordered that he perform 100 hours of community service.

If Hunt abides by these orders during the two-year continuance then his case will be dismissed; if not, it could be put back on track for trial. Hunt appeared in court today with a certified check in the amount of $1,700 and will have 30 days to pay the remainder.

Had the case proceeded to trial, Assistant District Attorney Judith Lyons would have presented evidence and testimony to prove that Hunt, an off-duty officer of the Haddon Heights, N.J., Police Department, was among a group of men who had traveled to Boston for a gathering that lasted into the early morning hours of Jan. 19, when the group entered a Kenmore Square pizza shop. The victim, then age 24 and living in Chestnut Hill, was also inside the shop with a separate group of individuals.

In an altercation captured on the eatery’s security camera, an intoxicated Hunt approached the victim and initiated a verbal confrontation. Hunt then pushed the victim, leading to a physical altercation.

During the course of that altercation, another member of Hunt’s group punched the victim and knocked him to the ground, causing serious injuries to the victim’s jaw and face. The victim was transported to Brigham and Women’s Hospital, where he underwent surgery to treat his injuries. His jaw was wired shut for a period of three weeks and metal plates were permanently implanted in his jaw and cheek, prosecutors said.

Hunt’s co-defendant, IAN SALERNO, 29, of Philadelphia, was indicted for aggravated assault and battery in connection with the incident and faces trial on Feb. 11, 2019.

Michael Coffey is the DA’s assigned victim witness advocate. Hunt was represented by Philip Tracy.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Dec. 5, 2018—A Suffolk Superior Court jury has found two men guilty of murdering 17-year-old Yanuel Viloria in the stairwell of a Ruggles Street apartment building last year, District Attorney John P. Pappas said.

On their fifth day of deliberations, jurors this afternoon convicted MALIK PHILLIPS, 20, of first-degree murder and ROBERT SILVA-PRENTICE, 21, of second-degree murder. Both face life sentences at a hearing next month. Under Massachusetts law, Phillips will not be eligible for parole, while Silva-Prentice will be eligible after a period of at least 15 years to be determined by the court.

“Yanuel Viloria had no part in the conflict that claimed his life,” Pappas said. “He was targeted for where he was, not who he was or anything he did. I only hope his loved ones can take some satisfaction in knowing that jurors scrutinized the evidence over five days and delivered justice on his behalf. And I hope they take some comfort in knowing that members of the community were critically important to helping us solve and prove his case.”

During about two weeks of trial, Assistant District Attorney Tara Burdman of the DA’s Homicide Unit and Teresa Anderson of the DA’s Gang Unit introduced evidence and testimony proving that Phillips and Silva-Prentice were among a group that entered 180 Ruggles St. at about 9:00 pm on April 21, 2017. They encountered Viloria, who was sitting on the stairs inside.

Video footage from within the building shows Phillips holding an object believed to be a firearm just before the shooting – which took place outside the camera’s view – and placing it into his clothing afterward as the group flees the building. Viloria was killed by shots from at least two firearms; prosecutors argued at trial that Phillips fired one of them and that Silva-Prentice shared his intent.

The investigation that followed led to the defendants’ arrests about a week after the homicide and continued in the Suffolk County Grand Jury. The grand jury returned indictments charging both with first-degree murder about two months later.

Anite Cetoute was the DA’s assigned victim-witness advocate. Phillips was represented by attorney Michael Roitman and Silva-Prentice by attorney Jeff Miller. Sentencing is scheduled for 9:00 am on Jan. 2 before Judge Mitchell Kaplan in courtroom 907.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Dec. 6, 2018—The two men who allegedly dragged 18-year-old Kemoni Miller alongside their car, killing him, were formally charged with his homicide today, Suffolk County District Attorney John P. Pappas said.

DEJON BARNES, 18, and KENNETH FORD, 23, were arraigned today on murder charges in connection with the encounter last month that left Miller grievously injured and led to his death at Boston Medical Center. Ford was additionally arraigned on a count of using a motor vehicle without authority, and both men had previously been charged with unarmed robbery. Dorchester Municipal Court Judge Jonathan Tynes ordered both men held without bail.

Assistant District Attorney Amy Martin of the DA’s Senior Trial Unit told the court that Miller had on Nov. 16 negotiated the sale of an iPhone XS to Barnes online. That night, the evidence suggests, he met with Barnes and Ford on Gallivan Boulevard after the defendants travelled to the scene in a vehicle rented by Ford’s friend. From the passenger’s seat, Barnes allegedly took the phone and closed his window on Miller’s arm as Ford accelerated at a high rate of speed.

Miller was dragged about half a mile and suffered a life-threatening head injury when he fell from the car. He was transported to Boston Medical Center but never regained consciousness.

Utilizing cell phone records, text messages, witness statements, video footage, and other evidence, investigators identified Barnes as the individual who had offered to buy the phone from Miller and Ford as the driver of the vehicle that dragged him. Members of the Suffolk County State Police Detective Unit arrested both men at a party in the West End in the early morning hours of Nov. 18.

Miller died Nov. 20.

Barnes is represented by attorney Kevin Mitchell and Ford by attorney Keith Halpern. They are scheduled to return to court on Jan. 22.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

REVERE, Dec. 10, 2018—A Boston woman was arraigned today for the crash in Revere yesterday that claimed the life of 5-year-old Adrianna Mejia-Rivera and left a 2-month-old infant in critical condition, Suffolk County District Attorney John P. Pappas said.

AUTUMN HARRIS, 42, of Beacon Hill was arraigned in Chelsea District Court today on charges of motor vehicle homicide and negligent operation of a motor vehicle for her alleged role in the collision near the intersection of Route 145 and North Shore Road. Judge Matthew Machera set bail at $10,000, the amount recommended by Assistant District Attorney Masai King. Machera further ordered Harris to remain drug- and alcohol-free if she posts that amount.

King told the court that evidence gathered by the State Police Suffolk County Detective Unit, State Police Collision Analysis and Reconstruction Section, and Revere Police detectives suggests that Harris was behind the wheel of a 2015 Chevrolet Equinox shortly before 5:00 pm when, it left the roadway and struck a group of five pedestrians on a sidewalk along the median strip of Route 145. Among those pedestrians were the three young children and two adult women.

“There are no words to describe our sorrow for this innocent child and her family,” Pappas said. “We will follow the evidence wherever it leads and we will do our level best to speak on their behalf in the wake of this devastating tragedy.”

Mejia-Rivera was pronounced dead at the scene. The 2-month-old child was transported to Massachusetts General Hospital, where she remains in the Intensive Care Unit. The third child and the two adult victims were hospitalized with less serious injuries, as was Harris’ passenger, a 30-year-old female.

State Police investigators transported Harris to the Revere barracks, where she gave a recorded, post-Miranda statement. She allegedly stated that she had consumed one beer earlier in the afternoon, that she had taken prescription and over-the-counter medication to help her sleep the night before, and that she had only slept two hours before working all day yesterday. She allegedly stated the she had vaped CBD oil in the vehicle and that she might have nodded off at the wheel.

Harris was unable to take a breath test. Investigators obtained a search warrant for a blood sample and her cell phone to help determine whether she was impaired or distracted at the time of the collision.

Harris was represented by attorney Jeff Miller. She will return to court on Jan. 10, 2019.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Dec. 11, 2018—A Suffolk Superior Court jury today convicted a Dorchester man of murdering 21-year-old Joey DeBarros during a traffic altercation on Gallivan Boulevard last year, District Attorney John P. Pappas said.

On their first full day of deliberations, jurors found DEONARINE GANGA, 31, guilty of first-degree murder and unlawful possession of a firearm in connection with the April 13, 2017, shooting that claimed DeBarros’ life. He faces a mandatory life term when he is sentenced tomorrow.

“This should have been nothing more than a traffic dispute,” Pappas said. “Instead, the evidence showed, this defendant chose to end the argument with a barrage of gunfire that killed Joey DeBarros and devastated his family. I hope they can find some measure of comfort knowing that so many witnesses came forward to tell investigators what they saw and heard, leading to this result.”

During about a week of testimony, Assistant District Attorneys John Verner and Kathryn Leary introduced evidence and testimony proving that Ganga fired multiple shots from the passenger’s seat of a Chrysler 200, killing DeBarros, after a chance encounter and verbal exchange in traffic near the intersection of Gallivan Boulevard and Granite Avenue.

From eyewitness reports, video footage, and other evidence, Boston Police homicide detectives identified the car from which Ganga fired the fatal rounds. That soon led to Ganga himself, who matched the physical and clothing description of the gunman. Cell tower records placed him at the scene at the time of the shooting. A search warrant executed at his residence yielded home security footage of him with a rigid, angular object – which prosecutors argued was the murder weapon – in his pants pocket about half an hour after the shooting. A search warrant there yielded an open box of PMZ .40 caliber ammunition that was identical to a spent shell casing found in the car.

Jennifer Sears was the DA’s assigned victim-witness advocate. Ganga was represented by attorney Kelli Porges. Judge Christine Roach will sentence him tomorrow at 11:30 am in courtroom 906.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Dec. 12, 2018—A Suffolk Superior Court jury today returned verdicts convicting four former youth workers on 19 indictments charging them with abusing the teenagers they were trusted to care for, District Attorney John P. Pappas said.

After a trial that began nearly a month ago, jurors found JALISE ANDRADE, 37, of Brockton; SILVIO DEPINA, 40, of Brockton; HERMANO JOSEPH, 28, of Taunton; and AINSLEY LaROCHE, 44, of Roxbury guilty of beating, sexually assaulting, and/or threatening four teenage males in ritualized punishments at the Casa Isla residential facility on Long Island between April and August of 2014. The defendants were employed by Volunteers of America, which had at that time contracted with the Department of Youth Services to provide residential treatment to juveniles in DYS custody.

“These verdicts reflect unconscionable behavior by adults who abused and violated the young people in their care,” Pappas said. “But the verdicts also reflect the courage of those young people, who stood up against threats and intimidation to disclose the abuse. And they reflect absolutely tireless work by prosecutors, victim advocates, and State troopers to build this case and ensure the victims’ voices were heard loud and clear.”

Jurors convicted Andrade of one count of assault and battery with a dangerous weapon; Depina of two counts of indecent assault and battery, three counts of assault and battery with a dangerous weapon, and one count each of witness intimidation and threats to commit a crime; Joseph of two counts of indecent assault and battery and one count each of assault and battery, assault and battery with a dangerous weapon, and threats to commit a crime; and LaRoche of three counts of assault and battery with a dangerous weapon and one count of threats to commit a crime.

Prosecutors moved to revoke the defendants’ bails pending sentencing later this week. Judge Jeffrey Locke denied that motion.

Prior to trial, prosecutors withdrew single counts of assault and battery with a dangerous weapon against two additional defendants, JOSEPH CINTOLO, 29, and WILKENS JEANTY, 44, both of Quincy, after determining that they could not meet their burden of proof beyond reasonable doubt. At the close of evidence, the trial judge ruled that the evidence against EMMANUEL FEDNA, 34, of Everett did not support a conviction on similar charges. An eighth defendant, RAYMOND PIZARRO of Hyde Park, will be tried separately because of a death in his attorney’s family.

Assistant District Attorney Sarah Stancato McEvoy of the DA’s Child Protection Unit introduced evidence and testimony proving that the defendants repeatedly abused the victims at the Casa Isla facility on Long Island during a period between April and August 2014. The abuse included – but was not limited to – a punishment known as “orange chicken,” in which the defendants would pull the victim’s pants down and beat the victim with an orange sandal.

The evidence showed that victims were targeted for abuse because they violated rules, because they returned to the facility after being discharged, or on the eve of their discharge as a warning not to return. The victims were threatened with harm if they disclosed the abuse, and that they would face harm even if they were removed from Casa Isla because the defendants knew staffers at other programs.

Troopers assigned to the Suffolk County State Police Detective Unit began their investigation after a referral by DYS and the Department of Children and Families. The investigation led to a lengthy grand jury probe and the defendants’ indictments in 2015. All Casa Isla residents were removed from the facility and the program was closed as the investigation got under way.

Kate Lagana was the DA’s assigned victim-witness advocate. The defendants were represented by attorneys Patrick Noonan, Edward Krippendorf, Michael Tumposky, and Michael Doolin. They face sentencing at 2:30 on Friday afternoon in courtroom 806 of Suffolk Superior Court.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Dec. 13, 2018—Two-month-old Natasha Nicole Mejia-Rivera has died of injuries she suffered in the motor vehicle crash that earlier claimed the life of her sister, 5-year-old Adrianna Mejia-Rivera, Suffolk County District Attorney John P. Pappas said.

The two children were among a group of five pedestrians struck by a motor vehicle in Revere late Sunday afternoon. Adrianna was pronounced dead at the scene; Natasha was transported to Massachusetts General Hospital with critical injuries that claimed her life in the Pediatric Intensive Care Unit last night.

“Our priority right now is supporting a family who lost the center of their world in the blink of an eye,” said Pappas, who has assigned two victim-witness advocates to the case. He added that additional charges are likely in the days and weeks to come.

The operator of the SUV that struck the group, 42-year-old AUTUMN HARRIS of Beacon Hill, was arraigned Monday on charges of motor vehicle homicide and negligent operation of a motor vehicle for the collision near the intersection of Route 145 and North Shore Road. Chelsea District Court Judge Matthew Machera set bail at $10,000 and ordered Harris to remain drug- and alcohol-free if she posts that amount.

Prosecutors say Harris was behind the wheel of a 2015 Chevrolet Equinox shortly before 5:00 pm when, it left the roadway and struck the victims, who were on a sidewalk along the median strip of Route 145. In a recorded, post-Miranda statement, she allegedly stated that she had consumed one beer earlier in Sunday afternoon, that she had taken prescription and over-the-counter medication to help her sleep the night before, and that she had only slept two hours before working all day. She allegedly stated the she had vaped CBD oil in the vehicle and that she might have nodded off at the wheel.

Harris is represented by attorney Jeff Miller. She will return to court on Jan. 10, 2019.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Dec. 13, 2018—The woman who stabbed 34-year-old Sasha Morris to death during an argument two years ago was convicted of voluntary manslaughter today, Suffolk County District Attorney John P. Pappas said.

A Suffolk Superior Court jury returned the verdict convicted ELBA MORALES early on its first full day of deliberations following about a week of testimony. Morales, 49 and a resident of Dorchester, stabbed Morris to death in a friend’s Fayston Street home during an argument. She faces sentencing next week.

“But for the defendant’s choice to pick up a knife during an argument, Sasha Morris would be with her family right now,” Pappas said. “Our thoughts today are with them and the loved ones who still miss her.”

Assistant District Attorney Craig Iannini introduced evidence and testimony to show that both women were at Morris’ boyfriend’s residence on the night of Dec. 19 into the morning of Dec. 20, 2016, when they became involved in a verbal altercation. That verbal altercation escalated to a physical confrontation, the evidence showed. Prosecution testimony suggested that a witness intervened in the fight and separated the two women, at which point Morales retrieved a kitchen knife and stabbed Morris twice in the torso, causing fatal injuries.

Morales fled the building but was apprehended outside by Boston Police officers responding to a 911 call. She was placed under arrest at the scene and, two months later, indicted for second-degree murder by the Suffolk County Grand Jury.

Erin O’Connor was the DA’s assigned victim-witness advocate. Morales was represented by attorney Brian Kelly. She faces sentencing on Dec. 19 before Judge Elizabeth Fahey.

BOSTON, Dec. 17, 2018—Suffolk County District Attorney John P. Pappas today delivered the following remarks on his decision to withdraw indictments charging SEAN ELLIS with first-degree murder and armed robbery after a court reversed his convictions in the 1993 shooting death of Boston Police Detective John J. Mulligan:

“Good afternoon. With me are Boston Police Commissioner William Gross, Superintendent Paul Donovan, First Assistant DA Patrick Haggan, and Assistant District Attorney Edmond Zabin, chief of the Homicide Unit, and Assistant District Attorney Mark Lee, deputy chief of the Homicide Unit here at the DA’s office.

“In 2016, the Supreme Judicial Court affirmed a judge’s order granting a motion for a new trial in the case against SEAN ELLIS. Mr. Ellis had been convicted of murdering Boston Police Detective John J. Mulligan during a 1993 armed robbery with his co-defendant, TERRY PATTERSON. His convictions for possessing the murder weapon and Det. Mulligan’s service weapon, which was stolen from his body, remain undisturbed.

“The trial evidence and testimony in 1995 proved Mr. Ellis’ guilt beyond a reasonable doubt. Jurors at the time called the case against him overwhelming. But the passage of more than two and a half decades has seriously compromised our ability to prove it again. For this reason, my office will file paperwork today ending the prosecution of Mr. Ellis for first-degree murder and armed robbery.

“Two major factors contributed to this decision. The nature of the evidence has not changed in 25 years, but the strength of it has declined with time. Moreover, the involvement of three corrupt police detectives to varying degrees in the investigation has further compromised our ability to put the best possible case before a jury.

“As the SJC noted two years ago, Mr. Ellis was near the scene of the crime moments before it was committed, he fled the scene in its aftermath, and he possessed the murder weapon in the days that followed. The most likely critical issue at a new trial, then, would not be whether Mr. Ellis was involved in Det. Mulligan’s homicide, but rather the level of his involvement with his convicted co-defendant, Terry Patterson.

“As some of you may recall, Mr. Ellis’ defense at trial was that Mr. Patterson committed the murder and robbery alone, on his own initiative, while Mr. Ellis was buying diapers at 3:00 in the morning. He claimed to his family that Mr. Patterson gave him the murder weapon and Det. Mulligan’s service weapon after he left the store, and that they left the scene together.

“We would have to rebut those claims at a new trial, and establish the state of mind and degree of participation necessary for a murder conviction – either that he was the shooter or that he knowingly participated and shared the intent of the shooter.

“But that evidence could come only from eyewitnesses, including those who identified Mr. Ellis as the man they saw crouching by Det. Mulligan’s vehicle shortly before the murder. And those specific recollections have, understandably, faded over the decades. The circumstances under which they were made would be presented against a markedly different backdrop than back in 1995.

“Finally, and significantly, there is the involvement of three corrupt police detectives to varying degrees in the investigation. As we all know, Detectives Kenneth Acerra, Walter Robinson, and John Brazil disgraced themselves and tarnished their badges in a wide variety of criminal conduct unrelated to this case – the extent of which was unknown to prosecutors or defense counsel in 1995.

“Perhaps more than any other factor, their shameful conduct presents a major challenge to our ability to put a successful case to a new jury.
“As the SJC concluded 18 years ago, there is no reliable evidence that Acerra, Robinson, or Brazil procured or produced false evidence in this case. Based on the facts and circumstances known to us, we don’t believe Det. Mulligan was involved in their schemes. But a lawyer today would argue that he was involved, and that they had a motive to protect themselves and their criminal enterprise – even at the cost of fully investigating a fellow officer’s homicide. Unfortunately, no matter how irrelevant their corruption might be to John Mulligan’s murder, it is now inextricably intertwined with the investigation and critical witnesses in the case.

“For all of these overlapping reasons, I have determined that the evidence we could reasonably expect to introduce is no longer sufficient to achieve a conviction. This was not an easy decision. It may not be a popular decision. But it is the right decision. As prosecutors, we don’t wash our hands of a controversy by handing it off to a jury. We have an ethical obligation not to pursue a case we don’t believe we can prove.

“Part and parcel of those ethical obligations is following the evidence wherever it leads. Under Dan Conley and Ralph Martin before him, and to this very day, the Suffolk DA’s office has not shied away from exonerating innocent men. But let me be clear: that is not the case here. If at any point we had any reason to believe that Mr. Ellis was wrongfully charged or convicted, we would have acted on it immediately.

“I know from many years of experience that Commissioner Gross shares those values. So did the Boston Police homicide detectives who led the investigation in the 1990s – Paul Barnacle, Denny Harris, John McCarthy, Tommy O’Leary, and Richie Ross. They did their jobs carefully, diligently, ethically, and accurately.

“The trial prosecutors, Phyllis Broker and Jill Furman, were the model of professionalism at every stage of the proceedings. They hid nothing from the jury or the defense. Even by the very high standards we employ today, their work was exceptional.

“The modern re-investigation, led by Sgt. Det. Paul McLaughlin and Sgt. Det. John Brown with Assistant District Attorneys Ed Zabin, Paul Linn, and Amy Martin brought the very best of 21st century law enforcement to bear on this case. I want to commend them for the honesty and integrity they brought to their efforts, and for the candor they showed to the court and opposing counsel. Their goal was to find and prove the truth, whatever it might be.
“In the 25 years since Det. Mulligan was murdered in cold blood, not one piece of evidence developed by prosecutors, defense counsel, or anyone else has pointed to anyone but Sean Ellis and Terry Patterson. Of all the people in all the world who might have killed John Mulligan, only they were present at the time and place he was killed – by their own admissions, supported by eyewitnesses and physical evidence.

“They fled the scene in Mr. Patterson’s distinctive vehicle, and they stripped that vehicle of its identifying characteristics when a witness description was released. The murder weapon was recovered near Mr. Ellis’ house, with a fingerprint on its magazine that came back to Mr. Ellis’ girlfriend. With it was Det. Mulligan’s service weapon, stolen from his person. In fact, Mr. Ellis and Mr. Patterson were only tried separately because each of them blamed the other for committing the murder alone.

“Sean Ellis served 22 years for the murder of Detective John Mulligan. His friend and co-defendant, Terry Patterson, served 12. In a case of cold-blooded murder, the execution of a uniformed police officer, those sentences are, frankly, insufficient to most of us. But we as prosecutors must operate – always and unfailingly – through the evidence we can prove. And the state of the evidence today makes it very unlikely that we would prevail at a new trial.

“Not lost in the legal assessment of the case is perhaps the most important aspect, our discussions with Detective Mulligan’s family. I met with them at length last week to explain our decision what they could expect if the case went to trial. They were perhaps the most difficult and weighty conversations I have ever been a part of in my 24-plus years as a prosecutor. Over two decades later, the pain they feel over Detective’s Mulligan’s murder was still palpable. They were disappointed, as any family would be after enduring what they have. But they, too, with incredible dignity and grace, understood this outcome.

“For John Mulligan’s family, this case isn’t an abstract piece of history. It’s been with them all along. But as longtime prosecutors and police detectives, it’s stayed with us, too — and we appreciate its gravity. This was, as I said, an incredibly difficult decision, but this team is uniquely qualified to make it, based only on the facts, the circumstances, and the law.

“I’ll now invite Commissioner Gross to say a few words as well.”

READ MORE: Ellis Sean – Nolle prosequi

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Dec. 19, 2018—The man accused of fatally beating 54-year-old Joshua Rivera as he slept in a Charlestown park has been indicted for the homeless man’s murder, Boston Police Commissioner William Gross and Suffolk County District Attorney John P. Pappas announced today.

The Suffolk County Grand Jury yesterday returned an indictment charging CLIFTON MOORE, 30, with first-degree murder in the September attack that claimed Rivera’s life. Moore is already in custody on a separate assault case in Middlesex County.

“Like too many people, Mr. Rivera was particularly vulnerable as he slept outside with no place to call home,” Pappas said. “I want to commend the Boston Police detectives and Suffolk prosecutors who committed themselves to speaking for him, and I’m especially grateful to the witnesses who stepped forward to share what they saw and what they knew. They were absolutely critical in helping us build this case.”

Evidence developed by Boston Police homicide detectives and Suffolk prosecutors suggests that, in the early morning hours of Sept. 6, witnesses in the Ryan Playground observed a man wearing a gray hooded sweatshirt wielding a long item, possibly a stick or a bat. The witnesses observed this man repeatedly striking what they initially believed was an empty park bench. After he left the area, the witnesses discovered Rivera’s body on the bench and called 911.

Rivera suffered multiple blunt force injuries to the head and died at the scene.

MBTA public safety cameras captured a man matching the assailant’s clothing description and carrying a backpack and baseball bat as he entered the park a short time prior to the attack. The footage shows him leaving the park about a minute and a half later, prosecutors said.

Moore, whose build is consistent with that of the Ryan Playground assailant, was arrested approximately one month later by Somerville Police for allegedly assaulting a woman with a baseball bat in that city. At the time of his arrest, he was wearing a backpack and shoes similar to those clearly visible in the MBTA footage.

Assistant District Attorney Catherine Ham led the grand jury proceedings resulting in the indictment. His arraignment in Suffolk Superior Court is scheduled for Jan. 2, 2019.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Totality of Circumstances Remain Under Investigation

BOSTON, Dec. 26, 2018—A Hyde Park man was arraigned today after he allegedly discharged a firearm in his home Monday, injuring a household member, and then lied to first responders about what had happened, Suffolk County District Attorney John P. Pappas said.

KOREY FRANKLIN, 32, who is a Boston Police officer, was arraigned in West Roxbury Municipal Court on charges of assault and battery with a dangerous weapon – under a theory of recklessness – and misleading an investigator for the Christmas Eve incident at his Hyde Park home.

Assistant District Attorney Ian Polumbaum, chief of the DA’s Domestic Violence and Sexual Assault Unit, recommended $5,000 bail and orders that Franklin stay away from the victim, undergo a mental health evaluation, surrender all firearms, and not leave the state without the approval of probation officers. Judge Lisa Ann Grant released Franklin on his own recognizance, imposing all of the requested orders except the mental health evaluation, which he has already been ordered to undergo by Boston Police.

Boston Police and Boston Emergency Medical Services responded to Franklin’s home just after 1:00 pm on Dec. 24 after a 911 call for a person shot. That call was followed by a second one in which Franklin stated that the injured party, an adult female, had shot herself. The victim was transported to a Boston hospital with a gunshot wound that was not life-threatening.

Franklin told responding officers that the victim had shot herself accidentally while trying to put a personal firearm – not Franklin’s service weapon – into a gun safe. This statement was contradicted by physical aspects of the crime scene and other evidence gathered by investigators. This evidence indicated that Franklin was manipulating the gun in the living room and ejected at least two live rounds of ammunition by moving its slide back and forth. In the course of these actions, prosecutors say, the weapon discharged and the bullet struck the victim several feet away.

Prosecutors and police detectives remained in contact through Monday night and yesterday. By this morning, investigators determined that there was sufficient evidence to charge Franklin with causing the victim’s injury by recklessly handling the firearm and with misleading 911 operators and police officers about the circumstances of the discharge. The investigation into the incident remains open, Pappas said.

Franklin was represented by attorney Kenneth Anderson. He will return to court on Feb. 5.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Another Defendant Charged with Unrelated Shooting Death in Dorchester

BOSTON, Dec. 31, 2018—The man who allegedly shot 26-year-old Wilfred Peters and 27-year-old Jeffrey Montaque to death earlier this year was arraigned today for their murders after more than five months on the run, Suffolk County District Attorney John P. Pappas said.

NICHOLAS ANTOINE, 20, of Boston’s South End was ordered held without bail in Suffolk Superior Court on indictments charging him with two counts of first-degree murder and firearms offenses for the June 6 incident on Faneuil Street in Brighton.

Assistant District Attorney Julie Higgins of the DA’s Homicide Unit told the court that Antoine was among a small group of people at Peters’ home on the night of June 5 into the morning of June 6. At some point, the evidence suggests, Antoine was asked to leave that small gathering – at which point he allegedly went to his car, retrieved a firearm, and returned. Prosecutors say he opened fire, striking both Peters and Montaque multiple times before fleeing. Both victims were pronounced dead at the scene.

Higgins told the court that ballistics evidence suggests only one firearm was used in the shootings. She said Antoine was identified as the gunman through eyewitness statements, video footage, fingerprints, and other evidence. Investigators obtained a district court complaint charging him with the murders, and the Suffolk County Grand Jury indicted him in August, but he was not apprehended until his arrest earlier this month in Jonesboro, Georgia.

Also arraigned today was JOCELYN VASQUEZ, 32, charged in Dorchester Municipal Court with murder for the fatal shooting of 33-year-old Garfield Thomas in his Mattapan home. She, too, was held without bail.

Assistant District Attorney Mark Lee, deputy chief of the DA’s Homicide Unit, told the court that Vasquez shared Thomas’ third-floor apartment Evelyn Street and shot him in the stomach with a handgun after an altercation on the morning of May 15. She allegedly hid the weapon beneath a mattress and fled the scene. Critically wounded, Thomas made his way to the building’s first floor, where he made statements to another resident and to first responders. Among other evidence, investigators recovered Vasquez’ fingerprints from the firearm as well as video evidence showing her leaving the building shortly after the time of the shooting.

Antoine was represented today by attorney Christopher Belezos and will return to court on Jan. 24. Vasquez was represented by attorney Anthony Ellison and will return to court on Feb. 8.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Jan. 2, 2019—District Attorney Rachael Rollins was sworn in today as Suffolk County’s 16th district attorney, the first woman elected to that position, and the first woman of color to serve as a district attorney anywhere in Massachusetts.

Rollins was administered the oath of office by Geraldine Hines, a former associate justice of the Supreme Judicial Court and the first woman of color to serve on that high court. She in turn swore in about 150 Suffolk County prosecutors whom she oversees as the chief law enforcement officer for Boston, Chelsea, Revere, and Winthrop, Massachusetts.

The standing room only ceremony was held at Roxbury Community College and featured elected officials, faith leaders, current and former members of the Massachusetts bench, law enforcement officials from across the region, community members from all walks of life, and members of Rollins’ family.

An attorney for 20 years with degrees from the Northeastern University School of Law and the Georgetown University Law Center, Rollins had previously served as a field attorney at the National Labor Relations Board in Boston and as an attorney with the law firm of Bingham McCutchen including a rotation through the Plymouth County District Attorney’s office. She handled civil and criminal matters as a federal prosecutor with the United States Attorney’s office in Boston for four years before serving as general counsel for both MassDOT and the MBTA, and went on to become the chief legal counsel for the Massachusetts Port Authority.

A cancer survivor, a mother, and an aunt with custody of two nieces, Rollins was elected to her current position at the age of 47 with a mandate to change, reform, and improve the criminal justice system. She pledged to use that platform locally and nationally with the support and assistance of her prosecution staff and professionals from many other fields of expertise as well.

“We have a big job ahead of us – changing perceptions and expectations of how the criminal justice system can best serve the community, and how necessary other disciplines are to our shared success,” she said. “Professionals in education, medical and mental health, social services, housing, and many other fields all play a part in public safety and we need their collaboration as surely as we need police and prosecutors. Positive change is in the air, and I’m looking forward to achieving it together with the people of Suffolk County.”

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Jan. 10, 2019—Suffolk County District Attorney Rachael Rollins announced today that Jennifer Grace Miller will be her Chief of Staff, citing her broad experience in senior government positions, including stints at two statewide law enforcement agencies. Miller’s first day will be Feb. 1, 2019.

Miller has most recently served as Counsel to the Massachusetts Senate, where she was the chief legal counsel to 40 senators and approximately 200 staff members. Prior to joining the Senate, Miller was Chief of the Government Bureau in the Massachusetts Attorney General’s office. As Chief, Miller supervised roughly 100 lawyers and staff in three divisions. She previously served as the Bureau’s Deputy Chief and as an assistant attorney general in the Administrative Law Division, focusing primarily on civil appellate work. Among other high-profile litigation, Miller argued the Massachusetts buffer zone case, McCullen v. Coakley, at the United States Supreme Court.

Miller began her public service career as Senior Staff Counsel at the Supreme Judicial Court. She then served as Assistant Solicitor General in the New York Attorney General’s office.

“Jennifer Grace Miller is a smart, dedicated public servant with deep experience managing complex government institutions and sophisticated litigation,” District Attorney Rollins said. “She has worked in all three branches of government and will bring a trusted set of skills and perspective to the District Attorney’s office.”

“Jennifer has been a wonderful asset to the state Senate, providing a steady hand through difficult times,” stated Senate President Karen E. Spilka. “Jennifer’s professionalism, intellect, and caring nature will serve her well as she steps into her role with District Attorney Rollins, and we wish her all the best.”

Prior to entering the public sector, Miller was a litigation associate at two national firms, Goodwin Proctor in Boston and Weil Gotshal in New York. She received her law degree from Boston University in 1993 and her undergraduate degree from Columbia University in 1989.

Among other honors, Miller was inducted into the Lawyer’s Weekly “Circle of Excellence” and received the Boston University Public Interest Project Pro Bono Award, given to alumni who have demonstrated a commitment to public service. She also serves as a Commissioner on the Massachusetts Access to Justice Commission.

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BOSTON, Jan. 29, 2019—Suffolk County District Attorney Rachael Rollins joined local, state, and federal officials along with the leaders of public, private, and non-profit agencies today to adopt updated protocols protecting the young victims of human trafficking and commercial sexual exploitation.

District Attorney Rollins was among dozens of representatives of law enforcement, medical and mental health care, human services, youth advocacy, education, and other disciplines at the Children’s Advocacy Center of Suffolk County who signed a memorandum of understanding outlining their responsibilities as participants in the Support to End Exploitation Now (SEEN) coalition. The MOU codifies policies and practices that have evolved since the coalition was first formed more than a decade ago.

“More than 12 years ago, the agencies in this room forged an unprecedented partnership to tackle what’s been called the nation’s least recognized epidemic – the commercial sexual exploitation of children,” District Attorney Rollins said. “Today, the SEEN Coalition is known as one of the most effective strategic responses in the nation to this insidious form of child abuse.”

The Children’s Advocacy Center of Suffolk County founded the SEEN coalition in 2007 to ensure that prostituted youth were properly treated as victims rather than offenders and that law enforcement, clinicians, social workers, and others provided them with a trauma-informed, multi-disciplinary response. The agreement uniting those agencies, however, had not been updated since that time. As a result, it’s been revised to accurately reflect the tighter collaboration among agencies and more specifically delineate their various responsibilities.

“In the 12 years since SEEN’s inception here at the Children’s Advocacy Center of Suffolk County, not one juvenile in Boston, Chelsea, Revere, or Winthrop has been arrested or charged with a prostitution offense,” District Attorney Rollins said. “The ‘safe harbor’ provision in Massachusetts’ landmark 2012 human trafficking law was born out of the voluntary practices that SEEN put in place. And SEEN partners like you have trained professionals in every county in the Commonwealth to increase the state’s capacity to identify child exploitation and provide a multidisciplinary response.”

But the need for SEEN and its partner agencies’ collaborative approach remains urgent, officials said – in 2018, for the second year in a row, the project received more than 200 referrals for high risk or exploited youth.

“So today, as we close out Human Trafficking Awareness Month, we’re renewing the shared commitment to this partnership,” District Attorney Rollins said. “We’re updating our memorandum of understanding to reflect our progress since 2007, not to mention the institutional changes at almost every partner agency. Today’s MOU is a better reflection of the high level at which the CAC and partner agencies are operating in these cases – with tighter collaboration, increased training, and more than a decade of experience under our collective belt. It memorializes our practices as we’ve refined them through the years, and it’s a how-to guide for other jurisdictions contemplating a modern approach to an age-old problem.”

SEEN has twice been named a Top 50 Innovative Government Program by a Harvard University think tank, and it’s been praised by the Georgetown Law Center on Poverty and Inequality. To learn more about the project, visit https://www.suffolkcac.org/what-we-do/seen.

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BOSTON, February 7, 2019 — As part of her commitment to empowering survivors, Suffolk County District Attorney Rachael Rollins today announced that a former employee of a Department of Youth Services vendor has been sentenced to prison after pleading guilty to sexually assaulting two young victims.

JAMES CHRISTIAN, 48, on Tuesday pleaded guilty to four counts of rape of a child in connection with sexual assaults more than a decade ago on two boys who are now adults. Judge Linda Giles sentenced Christian to four to six years in state prison followed by five years of probation. Assistant District Attorney Maryrose Anthes had recommended a term of eight to 10 years in state prison.

“This case involved the worst kind of betrayal – the abuse of a child by a person in a position of trust,” District Attorney Rollins said. “But it also showed us the courage of two men to defy the fear and shame that too many survivors may feel trapped by. They stepped forward to tell the truth, and their strength helped us hold their abuser accountable. I want them and survivors everywhere to know that my office is a safe, survivor-centered environment for anyone who wants to disclose abuse.”

Had the case proceeded to trial, Anthes would have presented evidence and testimony to prove that Christian worked at a facility contracted by DYS where one of the victims was a client between 1999 and 2001. The evidence would have proved that Christian drove the victim to Boston from a facility outside of Suffolk County on weekends and assaulted him during the trips. At the time of the abuse, the boy was between the ages of 13 and 16. The evidence would further have shown that Christian assaulted a boy who was known to him at a home in Suffolk County between 2001 and 2004 beginning when the victim was age 13.

“I felt ashamed and feared that everyone would know,” the latter survivor wrote in an impact statement to the court. “I also felt guilty for not coming forward earlier. Twelve years after the abuse ended, I’m still dealing with the consequences.”

“I was put at his DYS program at the age of thirteen where staff was supposed to help me. He used that position of trust to groom and eventually sexually assault me,” one victim told the court. “I ran away from DYS because I didn’t trust people. I still have trouble trusting people and every aspect of my life has been severely impacted by what he did.”

The victims, who were not known to one another, each disclosed the abuse as adults. A Suffolk County grand jury returned indictments against Christian in 2016.

The decision to report child sexual abuse is often one of the most difficult choices a person can make, District Attorney Rollins said. Whether a survivor makes a disclosure of abuse as a child or years later as an adult, Suffolk prosecutors, victim witness advocates, and our partners at the Children’s Advocacy Center of Suffolk County pledge to meet each victim with compassion, confidentiality, and the services necessary to heal. For more information on available services or to learn the signs of child abuse and how you can help, visit https://www.suffolkcac.org/.

Kate Lagana was the DA’s assigned victim witness advocate.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Feb. 14, 2019—The day after a Suffolk Superior Court jury convicted a man of raping a disabled woman in her home, District Attorney Rachael Rollins reaffirmed a pledge to make her office a safe and welcoming place for survivors.

Jurors yesterday found STEVEN MILLER, 57, guilty of two counts of rape for the 2017 attack on a then-59-year-old woman whose medical condition left her with limited mobility. Jurors also found Miller guilty of single counts of assault and battery on a disabled person and strangulation or suffocation. Because of a prior rape conviction in 1987, Miller faces a second trial Wednesday on his indictment as a subsequent offender. He faces up to life in prison.

“Disclosing a sexual assault can be among the hardest decisions a survivor has to make,” District Attorney Rollins said. “I understand the complexity of that decision and I want every survivor to know we provide a safe, supportive environment at every stage of the investigation and prosecution. Just like the woman in this case, whose strength and courage allowed us to hold the defendant accountable for the harm he caused, we’re putting survivors’ best interests first.”

During two days of testimony, Assistant District Attorney Ursula Knight, chief of District Attorney Rollins’ Elders & Persons with Disabilities Unit, showed that Miller and the victim had a romantic relationship and that Miller demanded sex on the night of Feb. 8, 2017, in her Columbia Road home. When she refused, he beat, smothered, and raped her. The evidence demonstrated that the woman suffered from a medical condition that left her with very limited mobility and relied on a walker to get around. A neighbor called police the next morning after checking in on her and learning of the assault.

Sexual assault can happen to anyone, District Attorney Rollins said. While the victims of any crime are asked to call 911 in an emergency, survivors of sexual violence can also call their local rape crisis center for free and confidential services and to discuss their options. Support is available for all survivors of sexual violence, regardless of whether they wish to take part in a criminal prosecution. Services by city and town can be found through Jane Doe Inc. at www.janedoe.org/find_help/search. Jane Doe Inc. is a coalition of 60 local member programs working together to find lasting solutions that promote the safety, liberty, and dignity for victims and survivors of sexual and domestic violence.

In Suffolk County, the Boston Area Rape Crisis Center offers a free and confidential 24-hour hotline at 800-841-8371. The Boston Area Rape Crisis Center provides medical accompaniment and many other free services to victims of rape and sexual assault. Suffolk victim-witness advocates can assist in referrals to BARCC and a wide array of non-profit service providers who can offer additional support and services.

Sasha Brown was the victim-witness advocate assigned to the case. Miller was represented by attorney John Tardiff.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Prosecutors Will Seek Reconsideration of Retroactive Sentence, DA Says

BOSTON, Feb. 15, 2019—The day after a North Reading man was convicted of hate crimes and other offenses for a 2017 assault on a woman from Morocco, Suffolk County District Attorney Rachael Rollins said “there is no place for hate and bigotry in our city.”

After a two-day jury-waived trial in Suffolk Superior Court, SEAN DEVLIN, 35, was found guilty yesterday of violating the victim’s constitutional rights, assault and battery for purpose of intimidation, assault and battery on a person over 60, and wanton destruction of property.

“Everyone is welcome in Boston and Suffolk County,” District Attorney Rollins said. “The defendant’s actions were unconscionable and unacceptable, and the verdict reflects that. But I want to point out and thank the people who stood up for the victim and defended her rights at every step of this case. From MBTA passengers, who witnessed the assault and testified at trial, to Transit Police investigators to Suffolk prosecutors and victim advocates, they proved that racial and religious intolerance have no home here.”

At a sentencing hearing today, Assistant District Attorney David Wittenberg recommended a three-year prison term – the maximum penalty for the most serious offense – followed by two years of probation with orders that Devlin undergo evaluations for substance use and mental health, remain alcohol free, undergo drug treatment and screening as deemed necessary, and perform 100 hours of community service after participating in a diversity program for hate crime defendants.

Suffolk Superior Court Judge Janet Sanders imposed one year of probation following two years in a house of correction, but ordered that sentence nunc pro tunc – or retroactive – to the date of his arrest, making him eligible for release in four months. Because most of the time Devlin spent behind bars since that time was for Middlesex County convictions and not for consequences stemming from his behavior in this Suffolk County case, District Attorney Rollins said she would seek reconsideration of that decision and appeal it if necessary.

“The sentence as it was imposed does not reflect the seriousness of these offenses,” District Attorney Rollins said. “Hate crimes spread fear across entire neighborhoods and communities. There are legal and moral reasons Devlin ought to serve a significant Suffolk County sentence for a serious Suffolk County crime.”

At trial, prosecutors proved that Devlin was riding an Orange Line train on June 19, 2017, when he began shouting anti-Muslim slurs at the 61-year-old victim, who was wearing a hijab as she returned from a prayer service during Ramadan. Devlin mocked the woman, telling her to take it off and return to her country.

“This is my country,” responded the woman, a resident of East Boston who had emigrated from Morocco and recently became an American citizen.

The evidence further showed that Devlin accused the woman of having a bomb in her bag and punched a window near her head, breaking it. As the woman left the train in fear, Devlin struck her.

In an impact statement following the verdict, the woman told the court that she felt tense and afraid in the days and weeks following the assault.

“I used to cry daily and pray for justice,” she said through an interpreter. “Why would someone attack me just for wearing something different? I am so thankful my rights were taken seriously … I am here for peace, tranquility, and safety.”

After thanking the court through the interpreter, she spoke one more sentence – this time in English.

“God bless America,” she said.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, February 15, 2019 — Suffolk County District Attorney Rachael Rollins today commended the work of prosecutors, victim witness advocates, and the police whose diligence and dedicated efforts led to a verdict in the 2014 murder of 20-year-old William Davis Jr.

Wednesday, jurors in the Suffolk Superior Court trial of AMIR RICHARDSON, 27, of Dorchester, found him guilty of first-degree murder in Davis’ 2014 shooting death. Richardson faces a mandatory term of life in prison when he is sentenced Feb. 22.

“Our office has worked diligently since the afternoon Mr. Davis was murdered to support his family and loved ones through the most devastating event imaginable and to help a community shaken by this act of violence,” Rollins said. “I’m grateful for the work of my prosecutors, victim witness advocates, and the Boston Police homicide detectives who worked to hold Richardson accountable for his actions not only to the Davis family, but to our community as a whole.”

Assistant District Attorney Tara Burdman introduced evidence and testimony during the course of the trial to prove that Richardson shot Davis three times in the area of 555 Dudley Street shortly after 1:30 p.m. on Dec. 17, 2014. Davis died of his injuries at Boston Medical Center. The evidence proved that Richardson then entered a GMC Terrain occupied by two other men and fled the scene. A search of the vehicle recovered the distinctive red jacket Richardson was observed wearing during the shooting and a revolver containing six spent shell casings that were ballistically matched to the bullets recovered from Davis’ body.

One of men in the waiting SUV, MARQUEESE SKINNER, 31, of Dorchester, in 2017 pleaded guilty to being an accessory after the fact to murder.

Assistant District Attorney Julianne Campbell of the DA’s Appellate Division second-seated Burdman at trial. Edith Ayuso is the DA’s assigned victim witness advocate. Richardson is represented by Michael Doolin. Sentencing before Judge Janet Sanders will take place at 9 a.m. Feb. 22 in courtroom 907 of Suffolk Superior Court.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Feb. 22, 2019—Suffolk County District Attorney Rachael Rollins today made the following statement to the community on this morning’s fatal shooting involving a Boston Police officer:

“Any loss of life is tragic and this morning’s events on Gerard Street are no exception. I want to express my relief that the injured officer is expected to survive. I hope for his full recovery, and my thoughts are with his family at home and his brothers and sisters in law enforcement. I also want to express my deep sadness and sympathies for the family and loved ones of the man whose life was lost. They, too, are undoubtedly in shock at circumstances beyond their control.

“I want to assure the people of Boston and Suffolk County that I will be conducting an independent investigation into this incident and it will be full, fair, thorough, and impartial. If anyone in the community has information on this incident they haven’t yet disclosed, they can feel safe bringing it to my attention.

“In these early stages, I have assigned First Assistant District Attorney Daniel Mulhern to handle this investigation and report directly to me. As my direct representative, ADA Mulhern responded to the scene last night and has updated me regularly throughout the early morning hours, as has Commissioner Gross. I spoke with the Commissioner immediately after the shooting and we have communicated several times since then.

“By statute, this investigation and all decisions stemming from it rest exclusively with me, the District Attorney, independent of any other agency or individual. I pledge to base any decision I make exclusively on the facts, the evidence, and the law, and again I offer my prayers and condolences to both families impacted by this shooting.”

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.