Criminal Charges:
Man charged in the Bristol County New Bedford District Court for:
- Failure to Stop for Police – M.G.L. c. 90, § 25
- Carrying a Firearm Without a License – M.G.L. c. 269, § 10(a); and
- Improper Storage of a Firearm – M.G.L. c. 140, § 131L(a)&(b)
Case Overview:
A police officer responded to the VFW in Fairhaven, Massachusetts for the report of a disturbance. Upon arrival, the officer spoke to a bartender, who informed him there was a fight about to happen outside, and the individuals involved were gang members who might have guns. The officer approached a vehicle in the parking lot where the individuals were located. The driver looked at him and then accelerated out of the parking lot at a high rate of speed. Several blocks away, the vehicle was stopped by other officers. All persons in the vehicle, to include the driver and two passengers, were ordered to exit, searched, and detained. After reading the driver his Miranda rights, he admitted the presence of an unlawful firearm inside the glovebox. Police searched the glove box, secured the firearm, and placed him under arrest and charged him with Failure to Stop for Police, Carrying a Firearm Without a License (which carries a mandatory, minimum 18-month jail sentence), and Improper Storage of a Firearm. The driver retained Massachusetts Criminal Defense Attorney, John L. Calcagni III, to represent him in this case and at trial.
Case Result: Dismissed.
After extensive research and investigation, it was discovered that one of the passengers in the vehicle was a known gang member, had a criminal history of firearm-related and violent offenses, and of intimidating and threatening others. He was also shot and killed shortly after this incident, presumably related to gang violence. Calcagni and his team summonsed several police officer witnesses to testify to their interactions with this other male throughout the years in support of a third-party culprit evidence defense. On the morning of trial, Attorney Calcagni successfully motioned the Court to dismiss all charges against the man for lack of prosecution based upon the absence of the Commonwealth’s witnesses.