District Attorney Marian Ryan Announces Charges in Cold Case Homicide

EVERETT – Middlesex District Attorney Marian Ryan and Everett Police Chief Steven Mazzie today announced that a Chelsea man, Henry “J.R.” Del-Rio, 27, has been charged in connection with the 2015 shooting death of twenty-one year old Ashlee Berryman.  Berryman was shot outside the Braza Grille nightclub in Everett.

Del-Rio has been indicted by a Middlesex Grand Jury on charges of First Degree Murder, Assault and Battery by Means of a Dangerous Weapon-Firearm, Attempt to Commit Assault and Battery by Means of a Dangerous Weapon-Firearm, Possession of a Firearm during the commission of a Felony and Carrying a Firearm, Subsequent Offense.

“The conduct that Henry Del-Rio is alleged to have engaged in outside the Braza Grille was outrageous and it ended in terrible tragedy.  Ashlee Berryman, a completely innocent victim, was caught in a hail of gunfire and lost her life. The defendant is alleged to have randomly fired a gun over and over in a crowded parking lot, and unsurprisingly there was a terrible result,” said District Attorney Ryan. “Compounding that tragedy, over the years there was an intentional effort on the part of some witnesses to withhold the truth and to conceal the identity of the shooter. Yet, my Office and our police partners remained committed to holding accountable the person who took Ashlee Berryman from her child and the rest of her family. I established Middlesex’s Cold Case Unit in 2019 to deliver concrete results.  Today’s charges are yet another example of how this Unit is ensuring that those who commit violent acts in this County understand that the mere passage of time will do nothing to affect our resolve in pursuing them.”

“This is a great example of law enforcement not resting after all these years in pursuit of those responsible for this senseless act of violence. Hopefully today’s charges send a message to those that think they can avoid being held accountable that we will follow up until justice is served,” said Everett Chief of Police Steven A. Mazzie

In the early morning hours of August 13, 2015, a crowd of concert-goers congregated in the parking lot outside the Braza Grill in Everett. Ashlee Berryman had attended the concert that evening to support her boyfriend, who was one of the performers. Also in the parking lot was Henry “J.R.” Del-Rio, with a group of his acquaintances, several of whom were, like Del-Rio, allegedly associated with the Chelsea-based East Side Money Gang.

At approximately 12:50 a.m., two men, who had not been at the concert, arrived in the area and became engaged in a verbal argument with an associate of the defendant’s in the parking lot. When the confrontation was over and the men had separated, Del-Rio drew a .40 caliber semi-automatic pistol and fired nine times at the two men. Del-Rio continued firing as the men turned and ran, striking one in his feet and ankles.

One of the bullets that missed the targets hit Ashlee Berryman in the back, fatally wounding her. Additional shots became lodged in a wooden municipal sign, smashed through the front window of a Rite-Aid pharmacy across the street and penetrated the roof of a passing car.

During the investigation police and prosecutors were able to determine, using the Everett Police ShotSpotter system, that nine gunshots had been fired in rapid succession. State Police crime scene investigators, who responded to the scene, recovered spent .40 caliber cartridge casings from the parking lot as well as spent projectiles. The State Police Firearms Identification Section was able to determine that all had all been fired from the same weapon.

Investigators were able to identify multiple witnesses who allegedly saw the defendant in the Braza parking lot at the time of the shooting. They also learned that the defendant allegedly had told people that he had fired the shot that killed Ashlee Berryman. Those associates who knew what had happened, agreed to say nothing and that the murder weapon should be disposed of. The murder weapon has never been recovered.

The prosecutor assigned to this case is Assistant District Attorney David Solet, Chief of the Cold Case Homicide Unit. The victim witness advocate is Anne Foley, Chief of Victim Services. This case was investigated by the detectives and crime scene personnel from the Massachusetts State Police, by the Everett Police Department, and by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Chelsea Police also assisted in the investigation.

Henry “J.R.” Del-Rio is currently be held in connection with a federal case. He is expected to be brought to Middlesex Superior Court to be arraigned at a later date.

Watch the press conference here: https://youtu.be/S3GT9ocijP4

Recognizing that gun violence creates grave risks not only to the intended targets but to innocent people who live, work, travel in and near the scene of such violence, Middlesex District Attorney Marian Ryan has filed “An Act relative to the reckless discharge of firearms”. While in this case the shooter was targeting two individuals, the Commonwealth laws fall short where one or more people fire a weapon without regard for the safety of those who are close by, and who are put at risk by the reckless or highly dangerous use of deadly force. The bill provides a new felony offense that would punish a shooter who acts “without regard for the risk of serious bodily injury to another” but who shoots intentionally or recklessly and “hereby causes a substantial risk of serious bodily injury."