Conspiracy and Possession Charges Amended and Dismissed in Barnstable Superior Court
Criminal Charges:
Individual charged in Barnstable Superior Court for:
- Possession of a Sawed-Off Shotgun, in violation of M.G.L. c. 269, § 10 (c)
- Conspiracy to Commit Murder, in violation of M.G.L. c. 274, § 7
- Conspiracy to Commit Malicious Destruction of a Vehicle, in violation of M.G.L. c. 274, § 7
Case Overview:
Police were dispatched to Hyannis, MA for the report of two gunshots. Upon arrival, police stopped a vehicle traveling at a high rate of speed that was occupied by two individuals. Police noticed the front seat passenger had blood on his left hand and a fresh laceration to the left side of his forehead, which he later admitted was from the recoil of a shotgun. Police then observed the forward stock of a shotgun in the back seat partially covered with some clothing. A search of the vehicle yielded several boxes of shotgun ammunition on the front seat passenger floor and a second shotgun wedged between the passenger seat and center console. Both shotguns had sawed-off barrels and neither of the occupants had a valid license to carry these weapons. Police also discovered a handwritten note containing details of a plan involving the vehicle occupants to murder a third party. The occupants were arrested, waived their Miranda rights, and made incriminating statements. Both men were ordered held without bail in Barnstable District Court. The passenger retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, Inc. to represent him in this case.
Case Result: Conspiracy to Commit Murder Dismissed and Possession of Sawed-Off Shotgun Charge Amended to Misdemeanor Firearm Possession, 1 Year to Serve at the House of Corrections, Followed by 3 Years of Probation
Attorney Calcagni and his team immediately filed a bail petition in Superior Court and successfully secured the man’s release on $10,000 cash bail, with conditions. The case was then indicted in Barnstable Superior Court. Following pretrial negotiations, Attorney Calcagni and his team successfully secured the Commonwealth agreement to dismiss Counts (2) and (3), in exchange for the passenger’s admission to other charges. Specifically, the Commonwealth agreed to amend Count (1) to Possession of a Firearm without a FID Card, in violation of M.G.L. c. 269, § 10(h) (a misdemeanor offense that did not carry the mandatory minimum day-to-day 18-month jail sentence associated with the sawed-off shotgun charge), to a recommended 3 years of probation with several conditions, and on Count (4), recommended a sentence of 1-year to serve at the House of Corrections. The man accepted this offer, and following his change of plea, was sentenced accordingly. He received 86-days jail credit for the time he spent in pretrial custody, and with good time, is eligible for parole in 4 ½ months following imposition of this sentence.