Criminal Charges:
Man arrested in Taunton, Massachusetts and charged at the Taunton District Court for:
- Discharging a Firearm within 500 Feet of a Building, M.G.L. c. 269, § 12E (2 counts)
- Operating a Motor Vehicle with License Suspended, Subsequent Offense, M.G.L. c. 90, § 23
- Failure to Stop / Yield, M.G.L. c. 89, § 9 (2 counts)
- Improper Turn, M.G.L. c. 90, § 14
- Failure to Signal, M.G.L. c. 90, § 14B
- Marked Lanes Violation, M.G.L. c. 89, § 9
Case Overview:
A Taunton Police Officer observed two motor vehicles run a red light and abruptly make right hand turns onto the same street. Both vehicles were travelling dangerously close and appeared to be chasing one another. The officer pursued the vehicles and observed them blow through another red light. At this time, the officer activated his overhead lights to make a traffic stop. One of the two vehicles ultimately came to a stop, while the other fled away at a high rate of speed. The officer approached the stopped vehicle (a black BMW) and inquired of the driver as to why he was driving so erratically. The driver told the officer that the other car just tried to run him off the road. During the stop, the officer received a report over the radio that there were shots fired nearby and that a black BMW was involved. The officer asked the driver if there was anything inside the vehicle that he should know about. The driver admitted that he had his firearm in the center console. The driver also had valid license to carry (LTC) the firearm. The officer ordered the driver out of the vehicle. He then searched the driver and the vehicle where he located a Smith and Wesson .380 caliber handgun. The driver told the officer that he was hanging out when people with flashlights showed up and began beating up his friend. In response, he went to his car, grabbed his gun, and fired a warning shot into the air to scare the attackers away. The driver was arrested and charged with two counts of Discharging a Firearm within 500 Feet of a Building and multiple driving infractions. The driver retained Massachusetts Criminal Defense Attorney, John L. Calcagni III, and his team to defend this case.
Case Result:
Dismissed. Calcagni and his team aggressively scheduled his matter for trial where they intended to proceed with the legal theory of defense of others. On the day of trial, Attorney Calcagni and his team successfully motioned the Court to have this matter dismissed.