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Vineyard Gazette
Edgartown, Massachusetts
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September 14, 2012     Vineyard Gazette
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September 14, 2012
 

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FRIDAY, SEPTEMBER 14, 2012 VINEYARD GAZETTE, MARTH/S VINEYARD, MASS. NINE-A l)ublic Record of Cases Heard In Edgartown The following cases were heard in Edgartown district court: August 31 Emmett L. Ross, 19, of Chilmark, pleaded guilty to an August 2l charge in Chilmark of possessing class D drugs (marijuana), amended from possessing to distribute class D drugs, placed on probation for one year. Ordered to pay a $50 victim/witness assessment fee and a $50 monthly probation services fee. Admitted to sufficient facts on a charge of larceny less than $250, con- tinued without a finding for one year, ordered to pay $300 in restitution and forfeit last paycheck. According to a police report filed in court, the charges stem from having a package containing marijuana sent to the Chilmark harbor master's office, where Mr. Ross was an employee, and allegedly keeping dock- age fees paid at fhe harbor. A charge of a drug violation near a school or park was dismissed upon request of the com- monwealth. Sept. 4 Michael P. Bergeron, 34, of West Tis- bury, arraigned on an Augnst 31 charge in Oak Bluffs of assault and battery. Pretrial hearing scheduled for Sept. 7, and a default arrest warrant was issued on Sept. 10. Michael P. Bergeron, 34, of West Tis- bury, arraigned on Sept. 1 charges in Oak Bluffs of assault and battery and possessing class E drugs (Citalopram). Bail set at $400, pretrial hearing sched- uled for Sept. 7, a default warrant was issued on Sept. 10. Ryan C Fisher, 18, of Vineyard Haven, arraigned on Sept. 1 charges in Vineyard Haven of breaking and entering in a District Court building in the nighttime for a lbtony, larceny from a building, and lnalicious destruction of property more than $250. "Ihe charges stem from three men alleg edly breaking into the Art Cliff" diner and taking vanilla ice cream; police said a trail of dripping ice cream led from the Art Cliff food freezer to one of the defendants. Police said the men became combative and had to be subdued. Bail was set at $500 and a pretrial hearing scheduled for Oct. 5. Nicholas R. Giliberto, 19, of Vineyard Haven, arraigned on Sept. 1 charges in Vineyard Haven of breaking and entering in the nighttime for felony, larceny from a building, and malicious destruction of property more than $250. The charges stem from three people al- legedly breaking into the Art Cliff diner and taking vanilla ice cream; police said a trail of dripping ice cream led from the Art Cliff food freezer to one of the defendants. Police said the defendants became combative and had to be sub- dued. Bail was set at $500 surety, pre- trial hearing scheduled for Oct. 5. Also arraigned on Sept. 1 charges in Vineyard Haven of resisting arrest and an arrestee furnishing a false name/SSN. Pretrial hearing scheduled for Oct. 5. Darin L. Millen, 45, of Edgartown, placed on pre-trial probation for six months on an August 4 charge of assault and battery in Chilmark. Ordered not to abuse the alleged victim and to remain alcohol-free with screens. David J. Pothier Jr., 23, of Oak Bluffs, arraigned on Sept. 1 charges in Oak Bluffs of drunken driving, negligent operation of a motor vehicle and a marked lanes violation. According to the police report filed in court, a*R)yota qhcoma operated by Mr. Pothier allegedly crashed at about ll p.m. on Barnes Road, striking a tree, spinning 180 degrees and eventually coming to rest against a telephone pole. Police said traffic was stopped in both directions and: bystanders gathered. Mr. Pothier allege'diSc said a deer jumped in front of him. Pretrial hearing scheduled for Oct, 5. .... Cynthia A. Sequeira, 55, of Edgar- town, arraigned: on a Sept. 2 charge in Edgartmvn of assault and battery with a dangerous weapon (dishes). Pretrial hearing scheduled for Oct. 12. Asa Ray, 23, of Vineyard Haven, ad- mitted to sufficient facts on an August 5 charge" in Oak Bluffs of receiving a stolen credit card, continued without a finding for one year. Ordered to pay $50 victim/witness assessment fee and a $65 monthly probation services fee and restitution to be determined. Charge of improper use of a credit card less than $250 was dismissed upon request of the commonwealth. Sept. 6 Barbara C. Beichek, 60, of Oak Bluffs, admitted to sufficient facts on a July 5 charge in Oak Bluffs of drunken driv- ing, second offense, continued without a finding for one year. Ordered to pay $350 in fees and: a $65 monthly proba- tion services fee, complete a 24-day alcohol education program and to lose license for ,45 days. Found not respon- sible on charges of an improper turn and lhilure to drive in the right lane. Joseph V. Cormier, 47, of Vineyard Haven, pleaded guilty to a Feb. 10 charge of assault and battery in Vineyard Ha- ven, placed on probation for one year, ordered to pay a $50 victim/witness assessment fee and a $50 monthly pro- bation services fee, and ordered not to abuse the victim and abide by all re- straining orders. In a separate case, two luly8 charges of trespassing in Vineyard Haven dismissed upon request of the commonwealth. Jaqueson X. Demiranda, 31, of Edgar- town, pleaded guilty to a Feb. 29 charge in Edgartown of negligent operation of a motor vehicle, placed on probation for one year. Ordered to pay a $250 head in- jury assessment fee, $50 victim/witness assessment fee, and $50 monthly proba- tion services fee. Ordered to complete 32 hours of community services by Dec. 5. Feb. 29 charge of drunken driving in Edgartown dismissed on request of the commonwealth, found not responsible for speeding in violation of special regulation. Jozimar Gomes, 32, of Oak Bluffs, admitted to sufficient facts with a guilty finding on a May 5 charge in Oak Bluffs of drunken driving, second offense. Ordered to 90 days in a house of cor- rection suspended two years, placed on probation for two years. Ordered to pay $50 OUI victims assessment fee and $65 monthly probation services fee, to complete a H-day inpatient program and aftercare, and not to drive without a valid Massachusetts license. Found guilty on a charge of unlicensed opera- tion of a motor vehicle, ordered to pay a $100 fine/assessment, and found not responsible on a charge of possessing an open container of alcohol in a motor vehicle. Vitor I. Mouzinho, 18, of Edgartown, arraigned on July 31 Chilmark charges of distributing class D drugs (marijuana) and a drug violation near a school/park for allegedly selling an eighth of an ounce of marijuana to an undercover officer in a parking space by the Ed- gartown courthouse. Pretrial hearing scheduled for Oct. 12. Vitor I. Mouzinho, 18, of Edgar- town, arraigned on August 2 Chilmark charges of distributing class D drugs (marijuana) and a drug violation near a school park for allegedly selling an eighth of an ounce of marijuana to an undercover officer at Ocean Park. Pre- trial hearing scheduled fi)r Oct. 12. Cole S. Schweitzer, 23, of Manhattan, IlL arraigned on Sept. 5 charges in Oak Bluffs of drunken driving, negligent operation of a motor vehicle, marked lanes violation, speeding in violation of special regulation, disorderly conduct and resisting arrest. Pretrial hearing was scheduled for Oct. 5. lesse J. Smith, 28, of Edgartown, had an April 20 charge of assault and bat- tery in West Tisbury dismissed upon request of the commonwealth. Sept. 7 Nicholas A. Barbera, 26, of Vineyard Haven, pleaded guilty to May 30 charges in Vineyard Haven of assault and battery and assault with a dangerous weapon (a pen), ordered to one year in a house of correction, suspended two years and placed on probation for two years. Ordered to pay a $50 victim/witness as- sessment fee and a $65 monthly proba- tion services fee, to remain alcohol-free with random screens and evaluation and treatment as mandated by proba- tion, not to abuse the victim and to abide by all orders. May 30 charge in Tisbury of assault with a dangerous weapon (a lighter) was dismissed upon request of the commonwealth. Jennifer S. Brown, 33, of Edgartown, pleaded guilty to an August 7 charge in West Tisbury of drunken driving, second offense, ordered to two years in a house of correction with six months to serve, balance suspended two years and 32 days of jail credit given. Ordered to pay a $250 head injury assessment fee and a $50 victim/witness assessment, to remain alcohol-flee with random screens, and a second offender pro- gram. Also pleaded guilty to negligent operation of a motor vehicle, ordered to spend six months in a house of cor- rection concurrent with count one. Was found responsible for charges of possessing an open container of alcohol in a motor vehicle, speeding, and failure to wear a seat belt, ordered to pay $575 in fines and assessments, and found not responsible for a state highway traffic violation. Mathew D. McAdams, 17, of Marsh- field, arraigned on a July 20 charge in Vineyard Haven of breaking into a de- pository. The charge stems from alleg- edly taking two safes containing more than $19,000. Pretrial hearing scheduled for Oct. 19. Debra Reese, 50, of Oak Bluffs, admit- ted to sufficient facts on July 3 charges in Oak Bluffs of possessing to distribute class A drugs (heroin) and possessing to distribute class B drugs (cocaine), continued without a finding for two years. Ordered to pay a $50 victim/wit- ness assessment fee and a $65 monthly probation services fee, remain illicit drug-free with random screens, have substance abuse evaluation and treat- ment as mandated by probation, to forfeit any seized funds and to com- plete 40 hours of community service. A charge of conspiracy to violate drug law dismissed on request of the com- monwealth. Samuel A. SteUmach, 22, of Seekonk, admitted to sufficient facts on a May 19 charge of drunken driving in Edgar- town, continued without a finding for one year. Ordered to pay $600 in fees and a $65 monthly probation services fee, to complete a 24-day alcohol edu- cation course and to lose license for 45 days. Found not responsible on a marked lanes violation, and a charge of negligent operation of a motor vehicle dismissed on request of the common- wealth. Sept. 1O Emilee J. Dory, 27, of Oak Bluffs, ar- raigned on Sept. 8 charges in Oak Bluffs of drunken driving, negligent operation of a motor vehicle, failure to stop/yield, and no inspection sticker. Pretrial hear- ing scheduled for Oct. 19. Lukas S. Higgins, 25, of West Tis- bury, pleaded guilty to an October 2011 charge of drunken driving, second of- fense. Ordered to 90 days in a house of correction, suspended'two years and placed on probation for two years, to pay $100 in fees and a $65 monthly pro- bation services fee, and to complete a H-day inpatient program and aftercare. Charge of negligent operation of a mo- tor vehicle dismissed on request of the commonwealth, found not responsible for a marked lanes violation and no inspection sticker. Joseph A. Nickowal, 50, of Vineyard Haven, pleaded guilty to an October 2011 charge in Vineyard Haven of as- sault and battery, placed on probation for one year. Ordered to pay a $50 victim/witness assessment fee and a $50 monthly probation services fee, to remain alcohol-free and not to abuse the victim. A charge of intimidating a witness was dismissed upon request of the commonwealth. John Oliveira, 18, of West Tisbury, arraigned on Sept. 8 charges in Vine- yard Haven of unlicensed operation of a motor vehicle, a motor vehicle lights violation, and possessing class B drugs (Ecstasy/MDMA). Bail was set at $500, pretrial hearing scheduled for Oct. 12. Ty L. Rossi, 34, of Edgartown, placed on pretrial probation for two years on March 14 charges in Oak Bluffs of assault and battery with a dangerous weapon (a beer glass) and assault and battery. Restitution of $585 was paid in court, ordered not to contact the alleged victim. Sept. 11 Sally J. Joseph, 56, of West Tisbury, arraigned on Sept. 10 charges in West Tisbury of drunken driving, negligent operation of a motor vehicle and a marked lanes violation. Pretrial hearing scheduled for Oct. 5. BUSINESS DIRECTORY IIIII I I i 'i  :iiiii I  i I! " i   2i i   =)ji  :ii "  ) i AUTO:T00SPORT CARETAKING & RE PAl RS HANDYMAN Paintin garage cleanup, power washing carpentry, lawn mowing 7ard clean-up, gutter cleaning windows, screen repair. NewBicy_c00 & i !::ii': Repairs00>; i/ Huge Parts Se/ect/on Access0am Car Racks Island Caretaking & Property Management RELIABLE SERVICE  R[ASONAgLI: RATES Idon-Sat, t- 6 693-6966 Vineyard Haven iili/ Edgartown] Marine/ ltax. We'll take care oil, our boat. 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