Andrews Pleads To Drug Offense

LOWELL – Middlesex District Attorney Gerry Leone’s office informed the public today a 24-year-old Texas man has pleaded to a drug offense and had his case ordered continued without a finding by a judge.  

Willie Andrews, 24, of Texas, appeared in Lowell District Court today and pleaded to a charge of possession of a Class D substance.  Judge Neil Walker ordered the case continued without a finding (CWOF) for one year with conditions.  The Commonwealth had requested a guilty finding instead of a CWOF. Conditions include that Andrews complete 100 hours of community service by speaking to student-athletes in Lowell about the dangers of narcotics, pay a $1,000 fine, and complete an NFL substance abuse program. If Andrews is released from the NFL, he must report to probation and submit to drug evaluations and random screens.

According to authorities, on February 5, Lowell Police responded to an anonymous caller who reported possible drug activity in a black motor vehicle and provided the license plate of the vehicle. Lowell police later observed the identified car driving from a Mobil Gas station on Middlesex Street and ultimately onto Duren Avenue in Lowell.

Police pulled the vehicle over and approached it. The vehicle’s window was open, and detectives smelled a strong odor coming from the vehicle which they believed to be marijuana. The defendant was directed to exit the vehicle.

Police found bags of marijuana both in the car and on his person. Police also found a total of $6,808 cash in the vehicle. At the time of arraignment, police had discovered no means to smoke the marijuana inside the vehicle such as rolling papers or pipes.

The total weight of the marijuana was estimated to be approximately one half pound with a street value of approximately $500.  

The prosecutor assigned to this case is Assistant District Attorney Rich Mucci.

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Fugitive from the Top 10 Most Wanted Sex Offender List Arraigned
Defendant Arrested in Las Vegas By State Police Violent Fugitive Apprehension Section

WOBURN – Middlesex District Attorney Gerry Leone informed the public today that a High Risk, Level 3 Sex Offender who was apprehended in Las Vegas in April has been returned to Massachusetts and arraigned this morning in Woburn Superior Court.

Daniel J. Moody, 46, was arraigned on one count of failure to register as a sex offender and ordered held without bail by the Clerk Magistrate.  His next date is May 19 at 2 p.m. for a bail hearing.

Moody was listed on the State Police Top Ten Most Wanted Sex Offender List. He was arrested in Las Vegas when the Massachusetts State Police Violent Fugitive Apprehension Section directed United States Marshals and Las Vegas officers to a specific area of the city where Moody was found in a Toyota parked in a lot and taken into custody.

Moody was wanted was wanted by the Framingham Police Department for failing to register as a sex offender, subsequent offense. After authorities had determined that Moody may have fled Massachusetts, the office of Middlesex District Attorney Gerry Leone coordinated efforts to apprehend Moody and approved a nationwide rendition warrant for him. The case was assigned to the State Police Violent Fugitive Apprehension Section, which immediately began following leads on Moody’s location.

The Violent Fugitive Apprehension Section’s extensive investigation led to San Francisco, where authorities were able to develop additional information that led to Moody’s capture in Las Vegas April 3.

Moody was transported back to Framingham on Friday, May 2.

Moody is classified by the Massachusetts Sex Offender Registry Board as a High Risk, Level 3 Sex Offender and is the subject of warrants out of Middlesex Superior Court and Framingham District Court for failure to register. Moody was convicted of rape in Massachusetts in 1991 and for escape in 1994. Moody additionally has a lengthy criminal record in other states, including an armed robbery conviction in Georgia. Moody was charged as a fugitive and was held pending rendition to Massachusetts.

The prosecutor assigned to this case is Assistant District Attorney Kerry Aleman.

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Men Arraigned In Connection With Lowell Homicide

LOWELL – Middlesex District Attorney Gerry Leone informed the public today that five men have been arraigned in connection with the shooting death of Denis Osorio, 28, of Lowell.

Three of the men were arraigned yesterday before Judge Neil Walker.  Daniel Ortega, Jr., 26 of Lowell, was arraigned on first degree murder.  Miguel Perez, 19 of Lowell, was arraigned on first degree murder and armed robbery charges.  Judge Walker ordered them both held without bail.  A third man, Carlos Munoz, 21 of Lawrence, was arraigned yesterday on counts of conspiracy to commit armed robbery.  His bail was set at $50,000.

Today, two additional men were arraigned on accessory after the fact charges.  Randal Tremblay, 17 of Lowell, and Brian Dicky, 17 from Lowell, were ordered held on $5,000 cash bail by Judge Richard Mori. 

According to authorities, at approximately 7:25 p.m. on April 30, Lowell Police responded to 247 Dutton Street for reports of an alleged shooting.  When officers arrived, they found the victim, Osorio, suffering from at least one gunshot wound.

Osorio was med-flighted to Boston Medical Center and pronounced dead at approximately 5 a.m. on May 1.

Lowell Police and State Police assigned to the Middlesex District Attorney’s Office commenced a homicide investigation into the circumstances of the shooting.  
 
Based on that investigation, Ortega was arrested in Pittsfield on May 3. Perez was arrested on May 3 in Malden.  Munoz was later arrested on May 4 in Lowell.

Ortega and Perez’s next court date is scheduled for June 4 for a probable cause hearing.  Munoz’s next date is scheduled for June 2 for a probable cause hearing.  Tremblay and Dicky are due back in court on June 5 for a probable cause hearing.

These charges are allegations, and the defendant is presumed innocent until proven guilty.

The case is being prosecuted by Assistant District Attorney Steven Loughlin. The victim witness advocate is Dottie Berrios.

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Lowell Man Arrested In Connection With Wednesday’s Lowell Homicide

LOWELL – Middlesex District Attorney Gerry Leone and Lowell Police Superintendent Kenneth Lavallee informed the public today that a Lowell man has been arrested in connection with the shooting death of Denis Osorio, 28, of Lowell, on Wednesday evening.

Daniel Ortega, Jr., 26, has been arrested and charged with first degree murder and armed robbery. He will be arraigned on Monday morning in Lowell District Court.

According to authorities, at approximately 7:25 p.m. on April 30, Lowell Police responded to 247 Dutton Street for reports of an alleged shooting.  When officers arrived, they found the victim, Osorio, suffering from at least one gunshot wound.

Osorio was med-flighted to Boston Medical Center and pronounced dead at approximately 5 a.m. on May 1.

Lowell Police and State Police assigned to the Middlesex District Attorney’s Office commenced a homicide investigation into the circumstances of the shooting.  

Based on that investigation, Ortega was arrested in Pittsfield early this morning. The investigation is ongoing.

These charges are allegations, and the defendant is presumed innocent until proven guilty.

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Two Lowell Men Convicted of First Degree Murder

LOWELL – Middlesex District Attorney Gerry Leone informed the public today that a jury has found two Lowell men guilty of first degree murder in connection with the shooting death of 21-year-old Luis Daniel Rodriguez, also of Lowell. 

Jose Luis Claudio, 37, and William Santos, 43, were found guilty by a Lowell Superior Court jury of murder in the first degree and armed robbery. 

Claudio and Santos will be sentenced at 11 a.m. on Monday morning in Lowell Superior Court by Judge Frances McIntyre.

“While this verdict will never ease the loss felt by Danny Rodriquez’s family, it nonetheless holds those responsible for his death accountable for their senseless actions,” District Attorney Leone said. “I want to commend the jury for carefully considering the evidence before them and delivering a just verdict. These two first degree murder convictions should send a clear message that gun violence will not be tolerated in our communities. I also want to commend Lowell Police and Massachusetts State Police for their excellent investigative work in this case.”

At approximately 5:45 p.m. on July 26, 2005, Lowell Police responded to a report of a shooting at the corner of School Street and Pawtucket Street in Lowell.  Upon arrival at the scene, police discovered Rodriguez suffering from an apparent gunshot wound. Emergency medical personnel treated Rodriguez on scene, and subsequently transported him to Lowell General Hospital, where he was pronounced dead.  The cause of death was determined to be a gunshot wound to the chest. 

Investigators from State Police assigned to the Middlesex District Attorney’s Office joined Lowell Police at the scene and initiated an investigation into the circumstances surrounding the death.  Upon further investigation, it was determined that Santos and Claudio had arranged for the victim to meet them at a location in order to rob the victim.  Once they arrived at the meeting spot they had pre-arranged with the victim, Claudio and Santos robbed him at gunpoint.  After taking the victim’s gold and ruby crucifix necklace, they shot the victim and ran off.     

Santos was arraigned in Lowell Superior Court on October 11, 2005 and Claudio was arraigned on October 19, 2005 in Lowell Superior Court. 

Prosecutor Beth Dunigan’s trial team also included Assistant District Attorney Meghan O’Neill and Victim Witness Advocate Dora Quiroz.

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Arlington Man Arraigned On Kidnapping, Other Charges

CAMBRIDGE – Middlesex District Attorney Gerry Leone informed the public that an Arlington man was arraigned today on kidnapping and other charges after he refused to hand over his 6-month-old son, Lucas, to relatives under terms of a court order on Tuesday, triggering an Amber Alert to be issued.

Michael Whalen, 42, of Arlington, was arraigned in Cambridge District Court on charges of kidnapping a minor by a relative, threats, and receiving stolen property over $250. He was also arraigned on an unrelated assault and battery charge that had been scheduled previously for a summons arraignment. Judge Roanne Sragow ordered Whalen held on $25,000 cash bail with conditions that he stay away from the child and mother.

According to authorities, a relative of Lucas Whalen was granted a Probate Court order awarding her with temporary custody of the child. When Michael Whalen failed to hand over the child to relatives on Tuesday, the family members contacted Arlington Police.

On Wednesday, an Amber Alert was issued seeking information on the whereabouts of Michael Whalen, Lucas Whalen, and Danielle Doyle, 24, who is Lucas’ mother.

At approximately 7:40 p.m. on Wednesday, a Burlington cab driver dropped off Danielle Doyle and Lucas Whalen at the Arlington police station because she had insufficient cab fare. After further investigation, police were later able to locate and arrest Michael Whalen at a hotel in Burlington between 3 – 3:30 a.m. today.

It is alleged that Whalen, following the issuance of the court order, made threats to shoot anyone who tried to take the baby away from him and also stated that he would shoot the baby and himself to keep it from happening.

The investigation is ongoing into the circumstances of the incident and into whether additional charges are appropriate.

The assistant district attorney who handled the arraignment was Samir Zaganjori. The matter is being investigated by Arlington Police and the Massachusetts State Police.

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Authorities Conducting Homicide Investigation Into Lowell Shooting

LOWELL – Lowell Police and State Police assigned to the Middlesex District Attorney’s Office are conducting a homicide investigation into a fatal shooting incident that occurred last evening in Lowell, Middlesex District Attorney Gerry Leone and Lowell Police Superintendent Kenneth Lavallee announced today.

According to authorities, at approximately 7:25 p.m., Lowell Police responded to 247 Dutton Street for reports of an alleged shooting.  When officers arrived, they found the victim suffering from at least one gunshot wound.

The victim, Denis Osorio, 28, of Lowell, was med-flighted to Boston Medical Center last night and was pronounced dead at approximately 5:00 a.m. this morning. 

Lowell Police and State Police assigned to the Middlesex District Attorney’s Office are conducting an ongoing homicide investigation into the circumstances of the shooting.  

“In concert with the State Police assigned to our office and Lowell Police, we continue to investigate the circumstances of this incident, develop and review all evidence, and speak with any and all people who may have information that will lead us to the perpetrators of this crime,” District Attorney Leone said.

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  DA Leone And Local Superintendents Reach Out To Parents, Students About Teenage Drinking And Driving

WOBURN– Middlesex District Attorney Gerry Leone announced today that his office, in collaboration with Middlesex County school superintendents, has sent out letters seeking to help parents protect their children from the dangers of drinking and driving during this year’s prom and graduation season.

The joint letter, which is being distributed to parents of 12th graders in Middlesex County, outlines the troubling statistics regarding teenage drinking and driving and offers parents a number of proactive steps that they can take to help prevent their children and others from getting behind the wheel while impaired.   

In addition to reaching out to parents through this letter, Leone will also be speaking to students at Medford High School about the dangers of impaired driving on Tuesday, May 6, at 8:45 a.m.

“Prom and graduation season should be a time of great celebration for our students and their families,” District Attorney Leone said. “We also know that each year at this time, we see far too many tragedies because teens make the wrong decisions about drinking and driving. We are urging parents and students to take proactive steps to prevent these tragedies and make this an enjoyable and safe time for everyone.”

Statistics show that car crashes are the leading cause of death for young adults between the ages of 15-20 and that there is a dramatic increase in alcohol-related traffic fatalities on prom weekends throughout Middlesex County.  According to the 2005 Massachusetts Youth Risk Behavior Survey, 28% of Massachusetts youth surveyed reported riding with a driver who had been drinking and 12% reported that they themselves had driven after they had been drinking. 

With 73% of 12th graders surveyed nationally stating that they have tried alcohol, according to a recent survey put out by the National Institutes of Health and Drug Abuse, District Attorney Leone is actively engaging parents and students to avoid teenage drinking and driving.  D.A. Leone offers these alternatives to parents and teens during this prom season:

• If you are able to, hire professional transportation for your children’s prom night.  Make sure you have a discussion with the driver prior to prom night about your expectations that the ride be alcohol-free.  Sometimes these drivers will agree to purchase alcohol for their minor passengers - it is important to ensure that this will not happen by talking directly with the driver.    
• Offer your children transportation alternatives.  Offer to provide your children rides or to have an older sibling or family friend provide rides for your children on prom night.  If your child does not want you to pick them up, oftentimes a sibling or family friend is a great compromise. 
• Provide your child with the phone number of a local taxi company with a reputable reputation and offer to pay for your children’s taxi fare for the night.  Remember, this is a small cost to keep your child safe.   

In the letter, D.A. Leone and the superintendents also remind parents that they can be held liable if they choose to host a party for teens where alcohol is served and then have one of their guests harm themselves or others by the negligent operation of a motor vehicle due to alcohol consumption.    

    (A copy of the joint letter being distributed by Superintendents to parents in their individual communities is included below.)

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April, 2008

Dear Parent/Guardian:

With prom season around the corner, we are approaching a celebratory time for students and their families. We want to send this letter to urge you to do all that you can to make it a happy, and safe, time for your child.

Each year, we lose far too many of our teenagers to motor vehicle crashes, with a dramatic increase in alcohol-related traffic fatalities on prom weekends throughout our county.  Car crashes are the leading cause of death for young adults between the ages of 15-20, and the reality is that many of those deaths are caused by teenage drinking and driving. 

As a parent or guardian, you have the opportunity to help ensure the safety of your children and those they may endanger should they choose to drink and drive.  You, along with proactive education and tough law enforcement, are a key component to preventing alcohol-related tragedies.  As you are well aware, it is a crime to provide alcohol to those under the age of 21, even at a supervised party at your own home.  It is also important to know that if you choose to host a party where alcohol is served to minors, you can be held liable if one of your guests drinks alcohol and harms themselves or others by the negligent operation of a motor vehicle.  . 

It is important to stress to your children that driving with any amount of alcohol could potentially result in a driving under the influence offense. For those under the age of 21, driving under the influence in Massachusetts is defined by a 0.02 blood alcohol level.  This level can easily be reached by just one drink and carries the very serious criminal penalties of an OUI offense.

With these dangers, we encourage you to take a number of steps to provide your children with alternatives to getting behind the wheel while impaired:

• If you are able to, hire professional transportation for your children’s prom night.  Make sure you have a discussion with the driver prior to prom night about your expectations that the ride be alcohol-free.  Sometimes these drivers will agree to purchase alcohol for their minor passengers - it is important to ensure that this will not happen by talking directly with the driver. 
• Offer your children transportation alternatives.  Offer to provide your children rides or to have an older sibling or family friend provide rides for your children on prom night.  If your child does not want you to pick them up, oftentimes a sibling or family friend is a great compromise. 
• Provide your child with the phone number of a local taxi company with a reputable reputation and offer to pay for your children’s taxi fare for the night.  Remember, this is a small cost to keep your child safe.

We have seen first-hand the devastating impact that driving under the influence can have on parents, families, friends and communities and urge you to be proactive in preventing teenage drinking and driving.  We believe these alternatives will help to discourage drinking and driving without infringing on your child’s desire for independence. 

This is an exciting time in our young people’s lives and one that we hope will be marked by the celebratory occasion, not a preventable tragedy. 

Thank you and please contact us with any questions that you may have or if you would like further information on teenage drinking and driving. 

Be safe and enjoy this wonderful time of year.

Sincerely,
Gerry Leone
Middlesex District Attorney                                                      Superintendent

Lowell Couple Plead Guilty To Insurance Fraud Scheme

WOBURN– Middlesex District Attorney Gerry Leone’s office informed the public that a Lowell couple involved in an insurance fraud scheme have pleaded guilty and been sentenced to probation.

Jovi Chitpaseuth, 21, and Michelle Neak, 18, both of Lowell, both pleaded guilty on April 22 in Middlesex Superior Court for their role in an insurance fraud scheme.  Chitpaseuth  pleaded guilty to filing a false motor vehicle insurance claim, attempting to commit a crime and conspiracy.  Neak pleaded guilty to filing a false motor vehicle claim and conspiracy charges. Middlesex Superior Court Judge Geraldine Hines sentenced Chitpaseuth to 5 years probation, with restitution and conditions that he not be involved in any gang activity.  Neak was sentenced to 2 years probation and restitution. 

“Instances of auto insurance fraud impact all drivers through increased insurance premiums coming right out of their wallets,” District Attorney Leone said. “I want to commend the work of the Insurance Fraud Bureau, Lowell Police and our PACT Unit for their excellent investigative work on this case. We will continue to diligently prosecute these matters to send a deterrent message to anyone who seeks to cheat and steal from the auto insurance system.”

According to authorities, on April 26, 2006, Jovi Chitpaseuth reported to the Lowell Police department that he was involved in a hit and run accident at the intersection of Broadway and School Street in the city of Lowell.  The motor vehicle report shows no passengers listed in the motor vehicle accident.  Two days later, Chitpaseuth reported to his insurance company that he was involved in a hit and run with a red car and that his girlfriend, Michelle Neak, was the front seat passenger.  He later stated to the insurance company that he was struck from behind by an unknown vehicle near the Broadway Pizza Restaurant in Lowell.  Michelle Neak also stated she was in the motor vehicle during the crash. 

In November 2006, an unrelated investigation by the Lowell Police revealed a video of the actual crash that had taken place.  In the video, Chitpaseuth’s vehicle is shown pulling up to Broadway Pizza restaurant  with numerous passengers exciting the vehicle.  It then shows Chitpaseuth and other individuals striking another vehicle with baseball bats.  The vehicle that was vandalized then fled the scene, striking Chitpaseuth’s vehicle in the process.  The video also reveals that Neak was not present at the scene or inside the vehicle. 

Following an investigation by the Lowell Police Department, the Insurance Fraud Bureau, and the Middlesex District Attorney’s PACT Unit, Chitpaseuth and Neak were arraigned in Middlesex Superior Court on June 27, 2007 where they pleaded not guilty. 

The prosecutor assigned to this case was Assistant District Attorney Elisha Willis and the Insurance Fraud Bureau investigator was Mark Leo.

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Lowell Man Declared Sexually Dangerous

WOBURN – Middlesex District Attorney Gerry Leone informed the public that a Lowell sex offender has been declared sexually dangerous by a jury and will be committed to a state facility for continued treatment.

Jose Pagan, 55, of Lowell, was ruled to be sexually dangerous by a Middlesex Superior Court jury on Thursday and committed for continued treatment at a state facility in Bridgewater. Pagan, who in January 2002 was convicted of one count of indecent assault and battery on a child under 14, had been scheduled to be released after completing his six-to-eight year State Prison sentence.

“This defendant had a lengthy criminal history spanning over thirty years, including three separate sex offenses against young girls,” District Attorney Leone said. “We believe that Mr. Pagan had a high likelihood of re-offending against yet another vulnerable victim if he had been released back into our communities. We are pleased that a jury had a voice in this important process and determined that he should be committed for further treatment and not returned, unsupervised, back into our neighborhoods.”

Pagan had a criminal record that extended over thirty years and included three guilty findings for sex offenses against prepubescent girls, additional non-sex offenses, and two instances in which he escaped from a house of corrections.

Pagan had been determined to meet the statutory criteria to be declared sexually dangerous by two qualified examiners appointed by the Commonwealth. Pagan’s history on the Static 99, an actuarial tool developed to estimate the probability of sexual recidivism, was scored as a Level 6, or high, risk assessment.
           
Pagan’s criminal history includes three sex offenses against young children. In addition to his 2002 conviction, Pagan also pleaded guilty in 1980 to five counts of indecent assault and battery on a child under 14, for which he received two years of committed time, and an additional five counts of indecent assault and battery on a child under 14, for which he received a two-year suspended sentence. The victim of those offenses was an eight-year-old girl.

In 1985, in New York, Pagan was convicted of endangering the welfare of a child for which he was sentenced to two years probation. The victim was a four-year-old girl.

Pagan also had a lengthy history of non-sexual offenses – including guilty findings of assault and battery with a dangerous weapon, larceny, and other drug offenses – with his first arrest occurring in 1969.

The sexually dangerous persons statute (SDP) is the process set up by the Legislature in which a District Attorney’s Office may, upon being informed that a convicted sex offender is nearing completion of his or her sentence, petition to have the offender tried to determine whether he or she is a sexually dangerous person. If the offender is determined to be dangerous, the defendant will be committed to the Massachusetts Treatment Center. When a DA’s office petitions the court, the offender is examined by at least two forensic psychologists plus one or more expert of his or her own choosing. Then, depending on the results of those examinations, a trial may be held.

The statute sets a high standard before the offender can be found sexually dangerous and committed to the treatment center, including that the offender be determined beyond a reasonable doubt to be “likely to engage in sexual offenses if not confined to a secure facility.” If found to be sexually dangerous and committed to the treatment center, the offender is then entitled to petition once each year for re-examination and a trial to determine whether he or she remains sexually dangerous.

The Commonwealth was notified on February 23, 2007 that Pagan was set to be released and filed a petition to have him declared sexually dangerous August 20, 2007.

Currently, the decision on whether to bypass a jury and go before a single judge is left solely to the convicted sex offender in SDP trials. In February, District Attorney Leone, in conjunction with State Senator Steven Baddour, State Representative Charles Murphy, and Jane Doe, Inc., announced legislation that would reform that process and give the Commonwealth’s prosecutors equal power in deciding whether an SDP case would be heard before a judge or a jury.

That bill currently is before both the House and Senate Judiciary Committees.

“We believe this bill is a concrete step that would empower members of communities, through juries, with a greater voice in determining whether convicted sex offenders should be allowed back into their neighborhoods,” District Attorney Leone said. “In this trial, a jury was given that power and, with their verdict, their voice was heard loud and clear.”

Since 2007, when District Attorney Leone took office, there have been twelve SDP trials in Middlesex County. Of the seven SDP jury trials, all seven defendants have been found to be sexually dangerous (100%). Of the five SDP jury-waived trials, two defendants have been found to be sexually dangerous (40%).

The case was prosecuted by Assistant District Attorney Patrick Fitzgerald. The paralegal was Adam Lewis.  The victim witness advocate was Jill Feeney.

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