A career criminal was arrested in Cambridge Tuesday on charges of armed carjacking and armed robbery after he allegedly held up a nail salon at gunpoint last week before menacing a woman with a weapon in a McDonald’s parking lot and taking her car, police said.
Dennis Kelley, 43, allegedly walked intoSuper Nails on Cambridge Street on Aug. 12 shortly before p.m. and showed an employee a gun before demanding money, Cambridge police said in a statement.
With cash and a cellphone in hand, Kelley fled the salon on foot, arriving at the McDonalds at 14 McGrath Highway in Somerville where he stole a Toyota Rav 4 from a Medford woman while brandishing a weapon, police said.
Kelley sped off in the car, driving down McGrath Highway before eventually abandoning the vehicle near railroad tracks.
“The suspect fled on foot and was not initially located after an extensive search was conducted by the Cambridge, Somerville and State Police,” the statement reads.
An arrest warrant for Kelley was issued late last week.
State Police said Kelley was convicted as an armed career criminal in Kelley is also a level 3 registered sex offender, according to the state’s sex offender registry board.
He was apprehended Tuesday morning without incident by the Cambridge Police Department, Massachusetts State Police Violent Fugitive Apprehension Section and U.S. Marshalls and will be arraigned in Cambridge District Court on charges of armed robbery and armed carjacking, authorities said.
State Police located Kelley after learning his whereabouts at Boston homeless shelters, later arresting him on Boston Common. He is not believed to have a permanent address, according to State Police.
In Massachusetts, in order to be convicted of the crime of Armed Robbery, the prosecutor must prove:
- That the defendant was armed with a dangerous weapon;
- That the defendant either applied actual force and violence to the body of the victim, or put the victim in fear by threatening words or gestures;
- That the defendant took the money or other property with the intent to steal it; and
- That the defendant took the money or other property from the person or immediate control of the victim.
If you have been charged with the crime of Armed Robbery or any other Crime of Violence, you should immediately consult with an experienced Massachusetts Criminal Defense Attorney who knows how to explain and best protect your legal rights.
Boston Criminal Defense Lawyer Lefteris K. Travayiakishas extensive experiencein defending persons charged with Armed Robbery and is available 24/7. To schedule a Free Consultation, Contact Us Onlineor call
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In Massachusetts, armed robbery is defined by G.L. c. , § The law defines armed robbery as the event in which an individual assaults another person and either robs, steals or takes money or other property while armed with a dangerous weapon. Armed robbery is considered a serious felony in Massachusetts, and is punishable by a possibility of life in state prison or for any term of years. To be convicted of armed robbery in Massachusetts, the prosecution must prove four elements beyond a reasonable doubt:
- The defendant was armed with a dangerous weapon;
- A threat made by the defendant put the alleged victim in a state of fear, or the defendant physically hurt or used force on the victim;
- The defendant took the alleged victim’s possession intending to steal it; and
- The defendant took the alleged victim’s possession out the victim’s control.
A dangerous weapon is defined as one capable of jeopardizing a life or causing serious injury. The law distinguishes or characterizes dangerous weapons into two categories. The first is an instrumentality designed and constructed to produce death or great bodily harm (per se dangerous weapon). Some common examples of this type of dangerous weapon include knives, guns, explosives, switchblades, brass knuckles, and swords. The second kind of dangerous weapon is an instrumentality not designed or constructed to produce death or great bodily harm, but when used in a specific manner may become a dangerous weapon. In this second category, an otherwise innocent item can become a dangerous weapon if it is intentionally used as a dangerous weapon or in a potentially dangerous fashion. For example, a pencil aimed at another’s eyeball can be considered a dangerous weapon. Commonwealth v Tarrant establishes that a dog may be considered a dangerous weapon for the purposes of this crime. The circumstances surrounding the alleged weapon will be considered with the crime for specific determination of whether or not the weapon was indeed dangerous. In Massachusetts, it does not matter whether the defendant actually used the weapon; the importance is that the defendant was armed, not the use of the weapon [Commonwealth v Nickologines, Mass. , ()].
To satisfy the second element, the prosecution must be able to prove that the assault and robbery were carried out using force or threat of force. The degree of force is immaterial so long as the force is sufficient to enable the defendant to obtain the victim’s money or property against his will. The third element of items or possessions having been taken from the victim can be satisfied by testimony from the victim or witnesses of the assault. The necessary intent of the defendant can be inferred by the alleged actions suggesting that he or she meant to deprive the owner of his property. Finally, the fourth element will be satisfied through evidence that the taking was against the will of the alleged victim. The item must have been under the control of the victim at the time of the robbery, regardless of whether the item was owned by the alleged victim.Potential Penalties for Armed Robbery
The Massachusetts armed robbery statute provides that anyone convicted of armed robbery is punishable by incarceration in the state prison for life or for any term of years. The judge has the capacity to sentence you for any term of years as they see fit; the amount of which will be determined by the specific facts of the case and a defendant’s prior criminal history, if any. If however, the individual committed the armed robbery while wearing a mask or disguise, he is punishable by incarceration for not less than five years for the first offense, and not less than ten years for any subsequent offense. In the event that a firearm, shotgun, rifle, machine gun or assault weapon was used in the armed robbery, that individual shall be imprisoned in state prison for not less than five years for the first offense, and not less than fifteen years for any subsequent offense.Armed Robbery Defenses
In an armed robbery case, certain significant defenses are available, including duress. To be convicted of armed robbery, it must be shown that one committed the act of their own free will. Therefore, if the defendant offers evidence that he or she was under duress or compulsion to commit the act, it may offer an affirmative defense to the armed robbery charge depending on the specific facts and circumstances of your case. In other instances, the only evidence about the identity of the alleged robber stems from witness testimony, or fingerprints/DNA found at the crime scene. Many problems arise from the use of witness testimony, as many of the accounts provided by a witness fall apart in court due to the inability of the human mind to reconstruct accurate memories. Additionally, humans are more apt to tailor their stories and their memories based on their audience. For example, information given to police officers searching for a suspect are more likely to include purported incriminating evidence due to the police officers status of authority. Also, if the prosecution attempts to establish armed robbery using a joint venture theory, there may not be sufficient evidence to support an allegation that a defendant acted in a joint venture with another co-defendant. An armed robbery charge is a very serious offense in Massachusetts and requires the utmost care and detail when handling a case of this nature.-Boston Area Armed Robbery Criminal Defense Attorney-
The Law Office of Patrick J. Murphy is fully prepared to vigorously defend your armed robbery case in Massachusetts, and Attorney Murphy has the knowledge and skill to assert all necessary defenses available to a client facing criminal charges, including armed robbery charges. Attorney Patrick J. Murphy has been practicing criminal defense law in Massachusetts for 18 years, and has the tactical skills and courtroom know-how to construct the most aggressive defense for your armed robbery case. To contact the Law Office of Attorney Patrick J. Murphy today for a free and confidential discussion of your case, please call () or visit the contacts tab on our website.
Robbery boston armed
In order to be found guilty of Armed Robbery in Massachusetts, the prosecution must prove that you:
- Were armed with a dangerous weapon,
- Assaulted a person,
- Robbed, stole, or took money or property from that person
- That may be the subject of larceny.
Armed robbery is considered a serious felony in Massachusetts. It carries up to life in state prison.
The penalties are even more severe, requiring a mandatory minimumsentence of five years in prison if you were wearing a mask or otherwise disguising your features while committing the robbery. A subsequent offense of armed robbery while wearing a mask or otherwise disguising your features carries a mandatory minimum of ten years in prison.
Armed Robbery with a firearm carries a mandatory minimum of five years in state prison. A subsequent offense for armed robbery with a firearm carries a mandatory minimum of fifteen years in state prison.
Defending an armed robbery charge can be very complicated and sophisticated work, especially when one is facing the possibility of life in prison. It is important for your attorney to consider all possible defenses, including motions to suppress. A skilled defense attorney can recognize whether a faulty identification procedures led to your arrest, or if certain evidence was obtained illegally. An experienced attorney might also be able to work out a deal in which the charges are amended down to unarmed robbery or larceny.
If you have been charged with Armed Robbery or any other crime in Massachusetts, contact my office.Urbelis Law, LLC
1 State St # Boston, MA Phone: ()
BOSTON – A Boston man was sentenced yesterday in federal court in Boston in connection with the March robbery of a T-Mobile store in Brockton and shooting at police officers as he and his co-defendants fled the scene.
Darius Carter, 28, was sentenced by U.S. District Court Judge Allison D. Burroughs to 14 years in prison and three years of supervised release. The government recommended a sentence of months in prison. On March 31, , Carter pleaded guilty to interference with commerce by robbery; conspiracy to interfere with commerce by robbery; discharging, brandishing, using and carrying a firearm during the commission of a crime of violence; and being a felon in possession of firearms and ammunition.
Darius Carter and co-defendants Diovanni Carter and Stephan Rosser-Stewart were charged in March Diovanni Carter was convicted by a federal jury and sentenced to months in prison in September Rosser-Stewart has pleaded not guilty and is pending trial.
According to the charging documents, on the evening of Jan. 26, , Darius Carter and, allegedly, Rosser-Stewart entered a T-Mobile store in Brockton. It is alleged the men were carrying semi-automatic firearms, which they pointed at the store manager as they demanded cash and electronics. Carter struck the store manager in the head with a firearm and demanded that the manager open the door to a rear room with a large safe containing cell phones and cash. The men allegedly stole approximately $25, in cash and electronics, left the store and fled in a getaway vehicle driven by Diovanni Carter.
Police responded and a high-speed chase ensued that reached over 70 mph in residential neighborhoods. During the chase, Darius Carter and, allegedly, Rosser-Stewart fired eight rounds at the pursuing police cruisers.
Darius Carter and Rosser-Stewart were apprehended and according to court documents, the stolen phones, cash and the three firearms used in robbery were recovered. Diovanni Carter was apprehended in March
Darius Carter and his co-defendants were prohibited from possessing firearms and ammunition due to prior criminal convictions.
Acting United States Attorney Nathaniel R. Mendell; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; John Gibbons, U.S. Marshal of the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Plymouth County Sheriff Joseph D. McDonald Jr.; and Brockton Police Chief Emanual Gomes made the announcement today. Assistant U.S. Attorney Glenn MacKinlay, Chief of Mendell’s Organized Crime & Gang Unit and Assistant U.S. Attorney Philip A. Mallard prosecuted the case.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the charging documents are allegations. The remaining defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Cambridge Police looking to identify 2 armed robbery suspects
CAMBRIDGE, Mass. — Cambridge Police are actively seeking to identify two suspects wanted in connection with an armed robbery in Central Square Friday night and encourage residents to be vigilant in the area late at night.
Just before 3 a.m., a victim reported being approached by two suspects, who grabbed onto the victim’s yellow Cannondale bicycle and pushed the victim against a wall at a building on Green St.
When the victim resisted, one of the suspects displayed what was believed to be a black handgun.
The suspects then took the bicycle, left Green Street and headed towards Franklin Street.
The suspects are described as: A white or light-skinned male in his 30s, approximately 5′6 or 5′7 with darker dirty blonde hair, wearing jeans, a grey hoody and a bandana or gaiter-style face mask, who is believed to have displayed the handgun; and a black male in his early or mids with facial hair (chin and mustache) with a thin build and wearing a blue or black hoody.
While the Cambridge Police are actively investigating this incident, increased patrols have been deployed to the Central Square area and extra attention will be provided in the late night and early morning hours.
Anyone with any information is asked to call the Cambridge Police at
This is a developing story. Check back for updates as more information becomes available.
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