Cape Cod Arraignments and Dispositions - July 19, 2011

BARNSTABLE DISTRICT COURT

July 19, 2011

In court July 18, 2011

ARRAIGNMENTS

ALICEA, Dilia, 22, 168 Barnstable Rd, Apt 9J, Hyannis; assault & battery, July 17 in Barnstable.  Pretrial conference scheduled for August 18.

ANTRIM, Matthew J, 22, 194 Knotty Pine Ln, Centerville; Class B drug possession, suboxone; conspiracy to violate drug laws, July 15 in Barnstable.  Pretrial conference scheduled for July 20.

BOETTCHER, Margaret B, 41, 45 Barnboard Ln, W. Yarmouth; OUI liquor; failure to yield at an intersection July 17 in Barnstable.  Pretrial conference scheduled for August 23.

CANTY, Daniel T, 19, 14 Danvers Way, Hyannis; destruction of property over $250, July 17 in Yarmouth.  Pretrial conference scheduled for August 11.

FLYNN, Brian S, 23, address omitted; operating a motor vehicle with a license suspended for OUI; Class B drug possession with intent to distribute, Klonopin, Class B drug possession with intent to distribute, Percocet, July 17 in Sandwich.  Pretrial conference scheduled for August 12.  Klonopin (clonazepam) is a prescription medication used in the treatment of seizures and panic disorder.

FRANCE, Joseph L, 22, 14 Marc Ave, Hyannis; Class B drug possession, oxycodone; conspiracy to violate drug laws, July 15 in Barnstable.  Pretrial conference scheduled for August 19.

HURLEY, Christine D, 30, 182 Main St, Apt 2, Hyannis; breaking & entering a vehicle or boat at daytime for felonious purposes; vandalizing property; shoplifting by asportation July 17 in Barnstable.  Pretrial conference scheduled for August 23.  According to police reports, Hurley and a male were arrested in connection with the theft and illicit redemption of Massachusetts lottery tickets from a Hess store and from inside a minivan.

JOHNSON, Kellie A, 41, 16 Danvers Way, Hyannis; assault & battery, July 17 in Yarmouth.  Pretrial conference scheduled for August 23.

PEREZ, Edward, 20, 291 Pitchers, Hyannis; destruction of property over $250, July 17 in Yarmouth.  Pretrial conference scheduled for August 11.  Co-defendant with CANTY, above.

PERKINS, Nathaniel, 18, 40 Spring St, Hyannis; assault & battery, July 12 in Barnstable.  Pretrial conference scheduled for August 22. 

POWELL, Harveny M, 48, 32 Lake Rd W, W. Yarmouth; civil rights violation; criminal harassment, July 16 in Yarmouth.  Pretrial conference scheduled for August 22.  According to police reports, Powell is accused of screaming epithets, including threats, outside a neighbor's house for no apparent reason.  Another neighbor confirmed the threats were audible from 175 feet away.  The Yarmouth officer noted in the police report he would be seeking "a temporary warrant" for Powell's arrest "due to the harassment (neighbor) has been enduring for the past week and the likelihood that (neighbor) could by physically harmed by Powell."

RADZIK, Michael W, 17, 255 Compass Cir, Hyannis; destruction of property over $250, July 17 in Yarmouth.  Pretrial conference scheduled for August 11.

SMITH, Michael S, 49, 91 Rte 28/Cape Cod Condos, Apt 52, S. Yarmouth; Class B drug possession, crack cocaine, July 14 in Barnstable.  Pretrial conference scheduled for August 22.

STOCKTON, John S, 29, 47 Cherry St, Hyannis; carrying a dangerous weapon, a green switchblade with a black blade, July 15 in Barnstable.  Pretrial conference scheduled for August 22.

WEIR, Lucia A, 59, 2 Halyard Rd, Yarmouth; assault & battery, July 16 in Yarmouth.  Pretrial conference scheduled for August 18.

ZENOPOULOS, Jacqueline, 70, 49 Buckingham Way, Cotuit; OUI liquor, marked lanes violation, July 17 in Sandwich.  Pretrial conference scheduled for July 26.

DISPOSITIONS

CYRUS, William C, 54, 1 Palmer Rd, Sandwich; breaking & entering at daytime for felonious purposes with person in fear, December 16 2010 in Sandwich.  Jury trial.  Guilty plea.  Guilty finding.  Continued for payment, probation until July 17 2013.  Stay away/no contact.

DARAKJY, David P, 26, 5 W. Well St, S. Wellfleet; Class A drug possession, June 29 in Yarmouth.  Dismissed.

DELANCEY, James E, 24, 120 Lincoln Rd, Hyannis; assault & battery, May 20 in Barnstable.  Nollo prosequi.  No further information.

PHILLIPS,  John H; 43, 65 Pond View, Yarmourth; violating an abuse prevention order, July 9 in Barnstable.  Dismissed.

PHILLIPS, same.  assault & battery with a dangerous weapon; assault & battery, June 6 in Barnstable.  Assault and battery with a dangerous weapon, dismissed.  Assault and battery, guilty plea.  Guilty finding.  One year batterers' program, suspended.  Continued for payment, probation until July 17 2012.

PRITCHARD, Jeffrey, 42, 45 Spring St, Apt B, Hyannis; assault & battery with a dangerous weapon; assault & battery, March 18 in Barnstable.  Assault and battery with a dangerous weapon, dismissed.  Assault and battery, admitted to sufficient facts.  Continued without a finding, continued for payment until January 17 2012.  Stay away/no contact with victim.

SPALT, Eric A, 23, 63 Braggs Ln, Barnstable; OUI liquor; negligent operation of a motor vehicle; marked lanes violation, July 10 in Barnstable.  OUI liquor, admitted to sufficient facts.  24D program.  Continued without a finding, continued for payment until July 13 2012.  Defendant may do reciprocal (alcohol) program in Louisiana.  Negligent operation, dismissed.  Marked lanes, recorded.

ORLEANS DISTRICT COURT

July 19, 2011

In court July 18, 2011

ARRAIGNMENTS

JOHNSON, Chelsea, 20, 1 Brookshire Rd, Hyannis; Class D drug possession with intent to distribute, marijuana; littering from a motor vehicle, July 17 in Dennis.  Pretrial conference scheduled for August 2.  According to police reports, a Dennis officer saw a passenger in a red Pontiac throw a lit cigarette out the window.  Conditions at the time were conducive to fire.  The officer recognized one passenger, a male, from Yarmouth PD photos he had seen pursuant to investigations into numerous motor vehicle break-ins.  This passenger was not wearing a seat belt.  None of the other passengers claimed to know the man or even his name.  While speaking to him, the officer noted he bore a tattoo of the word "CLIFFORD."  The officer also noticed a syringe on the floor of the car.  Although everyone in the car had valid identification, the tattooed passenger was revealed by cross-searches to be Brendan Clifford, not Justin Clifford. Johnson, the driver, consented to a search of the car and personal effects despite the officer's noting she was not legally obliged to do so.  Johnson's handbag was found to contain a bag of marijuana.  "Don't worry, it's under an ounce" she is alleged to have said.  The bag also contained a digital scale and a "cuff sheet" with marijuana retail sales information, two cellphones and a job application to Sam Diego's.  She was arrested.

LABAIRE, Julia, 30, 266 Neponset Ave, Apt 2, Dorchester; assault & battery, July 17 in Harwich.  Pretrial conference scheduled for August 2. 

DISPOSITIONS

PARKINSON, Laurie A, 42, 23 Fox Run Cir, S. Dennis; OUI liquor, May 9 2010 in Dennis.  Final disposition:  dismissed.  Defendant discharged.

STANLEY, Angelique, 32, 23 Landing Ln, Brewster; Class C drug possession; operating a motor vehicle with suspended license; speeding, June 8 in Orleans.  Class C possession, dismissed.  License suspended, continued without a finding until October 17.  Speeding, not responsible. 

FALMOUTH DISTRICT COURT

July 19, 2011

In court July 18, 2011

ARRAIGNMENTS

DEAN, James R, 25, 824 Main Street, Apt 252, Falmouth; assault and battery on July 18 inFalmouth. Hearing scheduled September 1.

DISALVO, Mark J, 50, 115 Presidents Road, Bourne; marked lanes violation, operation under theinfluence of liquor, negligent operation of a motor vehicle, failure to wear aseatbelt, open container of alcohol on July 18 in Bourne. Hearing scheduled forAugust 16.

HILL, Carl B, 31,58 Tupper Ave., Sandwich; marked lanes violation, negligent operation of amotor vehicle, operation under the influence of liquor on July 14 in Falmouth.September 1 hearing scheduled.

HOWARD, Karlaya C,24, 14 Ashton Ave, East Falmouth; assault and battery, disorderly conduct,resisting arrest, disturbing the peace, intimidation of a witness on July 18 inFalmouth. Hearing scheduled for August 18.

LAKE, Jamie A,23, 5877 Wright Street, Apt. D, Buzzards Bay; operation under the influence ofliquor, negligent operation of a motor vehicle, marked lanes violation, July 14in Bourne. Hearing scheduled for September 1.

RODERICK Gregory C, 27, 313 Great Neck Road North, Mashpee; operation of a motor vehicle with asuspended license on June 8 in Falmouth. Hearing scheduled for August 22.

THOMAS, Sarah E,19, 14 Ashton Ave., Falmouth; disorderly conduct, resisting arrest on July 18in Falmouth. Hearing scheduled for August 22.

DISPOSITIONS

ABARCA, Christian A, 19, 113 Fordham Road, East Falmouth; failure to stop/yield, snow/rec. vehiclewithout a helmet, snow/rec. vehicle in a public way on June 8 in Falmouth. Notresponsible. Court costs paid by August 16.

GILMARTIN, Cory D,30, 30 Martin Road, East Falmouth; operation of a motor vehicle with asuspended license in Mashpee on April 28. Dismissed upon court costs paid byAugust 12.

HURLEY, Michael L,49, 11 Aiden Ave., Buzzards Bay; disorderly conduct, resisting arrest on May 11in Bourne. Continued without a finding until October 17.

SCOTT,Ryan J, 21, 143 South Sandwich Road, Mashpee; shoplifting (fromWalmart), possession of a Class B drug ( oxycodone) on October 5 2010 inFalmouth. Dismissed.

SMITH, Garth, 30,17 Catskill Road, Buzzards Bay; assault and battery intimidation of a witnesson April 29 in Bourne. Continued without a finding July 17 2012. Counseling asform of probation.

WAREHAM DISTRICT COURT

July 19, 2011

In court July 18, 2011

ARRAIGNMENTS

BELLEFEVILLE, Joseph, 17, 18 Rock St., Middleboro; from an arrest on July 17 by Middleboropolice, Bellefeville was arraigned on charges of breaking and entering in abuilding, daytime for felony and trespass. According to the police report,Middleboro police were dispatched to the area of the skate park for a report ofseveral youths entering a building through a small hole in the rear wall.Police allege that they discovered Bellefeville and 4 juveniles inside thebuilding used by the Middleboro Parks Department. Bellefeville was released onhis own recognizance to appear on August 27 for a pretrial conference.

BEDARD, Eric, 33,3036 Cranberry Highway, Lot 19, E. Wareham; from an arrest on July 16 byWareham police, Bedard was arraigned on a charge of assault and battery with adangerous weapon. According to the Police report, police were dispatched to 19Waters Edge Trailer Park for a report of a domestic disturbance.  At the scene, the victim alleged that Bedardslapped him across the face with a remote control. Bedard allegedly admittedslapping the individual, but claimed the remote was in his other hand. Bedard'scase was continued to August 25 for pretrial conference.

LAVANGIE, Irene, 46,9 Grandview Ave., Onset; Lavangie was arraigned on charges of assault andbattery, domestic, 3 counts of assault and battery with a dangerous weapon ( acomputer, a chair, and a coffee table ) and assault and battery on a policeofficer in connection with a domestic disturbance call from the Grandview Ave.address. According to the police report, Wareham police responding to a call ofan "unwanted, intoxicated female" encountered Lavangie who they described intheir report as being "highly intoxicated and out of control". The victimalleged that Lavangie punched him several times and threw furniture at him.Lavangie was taken into custody at the scene. She was released in court Monday onher own recognizance to appear on August 18 for pretrial conference.

MCAULIFFE, Kevin M., 69,1 Puritan Ave., Wareham; from an arrest on July 16 by Wareham police, McAuliffewas arraigned on a charge of assault and battery on a police officer. Accordingto the police report, Wareham police, responding to a call of an intoxicatedmale, attempted to take McAuliffe into protective custody due to his alleged condition. McAuliffe is due back in court on August25 for a pretrial conference.

KING, Sean, 24,23 Peaceful Lane, E. Wareham; from acomplaint issued on January 8, 2010, King was arraigned on a charge ofshoplifting by asportation in connection with the alleged theft of 16 packagesof Starburst candy from the Cumberland Farms store on Main St. King is expectedback in court for a pretrial conference scheduled for July 26.

CANNON, Matthew E., 22,10 Depot St., E. Wareham; from an arrest on July 17 by Wareham police, Cannonwas arraigned on charges of OUI, leaving the scene of property damage andnegligent operation of a motor vehicle. According to the report, Cannonallegedly took out a telephone pole stability wire with his vehicle whileoperating while intoxicated. Cannon was apprehended in the driveway of his homeat 10 Depot St. Cannon was released on his own recognizance to appear on August25 for a pretrial conference.

BELLAVANCE, DanielleJ., 32, 215 Wareham Rd., Marion; from a complaint issued July 1, Bellavancewas arraigned on 3 counts of uttering a false prescription. Police allege thatBellavance attempted to fill bogus prescriptions at a Walmart pharmacy and at aCVS pharmacy. Bellavance was released on her own recognizance to appear onAugust 18 for a pretrial conference.

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