Powderly Gets Results
  • Armed Assault to Murder
  • Result: Dismissed
  • Breaking & Entering
  • Result: Not Guilty
  • Unarmed Robbery
  • Result: Dismissed
  • OUI 2nd Offense
  • Result: Not Guilty
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Cape Cod Case Results

****Attorney Powderly has a strict policy of not representing cooperating witnesses or informants. If any of his clients wish to work with the police or prosecutor in exchange for leniency, Attorney Powderly will immediately file a motion to withdraw and no longer represent that individual. As such, none of the listed case results were the result of any cooperation agreement by his client and the prosecution in any manner.

Criminal Charges: Indecent Assault & Battery and Assault & Battery
Police Report: The defendant was a member of a military security detail accompanying President Obama on his trip to Martha’s Vineyard. The defendant was accused of sexually assaulting a woman he met at a bar and then later committing an assault and battery on a restaurant manager at another establishment. The Edgartown Police Department sought criminal complaints against the defendant which were denied after a show cause hearing.
Results:
Count 1: Indecent A&B complaint: DISMISSED
Count 2: Assault & Battery complaint: DISMISSED


Criminal Charges: Recklessly Permitting Substantial Injury to a Child (X2)
Police Report: An infant was rushed to ST. Anne’s emergency room with life threatening injuries. The baby had sustained apparent bruising to the face and thighs and was unconscious. Brain and body imagining revealed new and older brain bleeds, an older rib fracture, retinal damage and other injuries consistent with shaken baby syndrome. The baby had been in the care of his parents for the majority of the day and in the care of his father for the 20 minutes prior to being rushed to the ER. The mother had been instructed previously by DCF (Department of Children and Families) not to leave the child alone in the care of the father. The baby suffered significant traumatic injuries that will result in lifelong disabilities. The mother was indicted and prosecuted for recklessly permitting substantial injury to her child under the theory that she had been told not to leave the child alone by DCF, that she was aware of prior drug use by the father, that the father had been abusive to her (the mother) in the past and that there had been an unexplained bruise found on the child the week prior when also left alone with the father.
Results: Trial
Count 1: Recklessly Permitting Substantial Injury to a Child: NOT GUILTY
Count 2: Recklessly Permitting Substantial Injury to a Child: NOT GUILTY


Criminal Charges: Armed (shotgun) Masked Robbery & Armed Assault with the intent to Rob
Police Report: Police respond to Red’s Quick Zone in Fall River for a report of an armed robbery that had just occurred. Police speak with two store clerks who report a black male had just entered the store armed with a shotgun and had demanded cash (over 1k taken) and cigarettes. The clerks believed the robber was a prior customer as he looked familiar and knew of a second “hidden” drawer in one of the registers. The police obtained a surveillance video from inside the store, which captured the robbery. Both clerks were brought to the police station to look through a “mugshot” database the police department maintained. Both clerks gave a similar description of age, race and height. The defendant’s photograph was identified by one of the store clerks as being the robber. The second store clerk first selected a different individual but later also identified the defendant’s photograph as being the robber. The clerks both identified the defendant at trial as being the robber and said they seen him in the store on numerous previous occasions.
Results: Trial
Count 1: Armed (Shotgun) Masked Robbery: NOT GUILTY
Count 2: Armed Assault with the intent to Rob: NOT GUILTY


Criminal Charges: Trafficking 500+ Grams of Cocaine
Police Report: The police intercept a package being shipped with Federal Express from Puerto Rico to the defendant’s residence in the City of Fall River, Massachusetts. The package has a false sender’s name and address and a specifically trained K-9 alerts the police to the presence of narcotics. The package is found to contain nearly 600 grams of powder cocaine. The police set up a controlled delivery of the package to the defendant’s residence resulting in the arrest of the defendant after the delivery is made. The defendant faced a mandatory minimum 15-year state prison sentence.
Results:
Count 1: Trafficking Cocaine 200+ Grams: DISMISSED
Count 2: Conspiracy to Violate the Drug Law: DISMISSED
Count 3: Illegal Possession Class B Substance: DISMISSED


Criminal Charges: Breaking & Entering Nighttime Felony, Assault & Battery Dangerous Weapon and Illegal Possession Stun Gun
Police Report: The police are dispatched to a residence for an Armed Home Invasion in progress. A female party reports to police she was home with her boyfriend watching TV when her ex-boyfriend and his friend broke into her apartment and began to attack her new boyfriend. Both the female and her boyfriend report her ex-boyfriend, the defendant, used a stun gun on the victim and repeatedly punched and kicked him while he was lying helpless. The police observe burn marks on the victim consistent with a stun gun shock and also observe damage to the apartment door as well as items inside consistent with a forced entry and struggle. This incident is witnessed by the females younger brother. The female, her brother and her boyfriend (victim) all testify against the defendant at his ensuing trial.
Jury Trial Verdict:
Count 1: Breaking & Entering Nighttime Felony: NOT GUILTY
Count 2: Assault & Battery Dangerous Weapon: NOT GUILTY
Count 3: Illegal Possession of a Stun Gun: NOT GUILTY


Criminal Charges: Indecent Assault and Battery 14+ years of Age (x2)
Police Report: The defendant, a recent immigrant from India, (over the age of 50) worked as a convenience store clerk in the City of Fall River, Massachusetts. Two neighborhood teenage girls, aged 14 and 15, allege the defendant sexually assaulted them over a yearlong period. If convicted, the defendant would have likely been deported after first serving a multi year jail sentence. Both victims testified against the defendant at trial as well as the mother of one of the victim’s who was called by the prosecutor in order to present “first complaint” evidence.
Jury Trial Verdict:
Count 1: Indecent Assault and Battery 14+ Years of Age: NOT GUILTY
Count 2: Indecent Assault and Battery 14+ Years of Age: NOT GUILTY


Criminal Charges: Indecent Assault and Battery under 14 years of Age (x2)
Police Report: The defendant was in a dating relationship with a woman who had two children (boy and girl) who were approximately 8 and 10 years old. After the relationship ended, the boy made an allegation the defendant had sexually assaulted him sometime during the previous year. The defendant was charged with rape of a child by force in the Fall River District Court. While this case was pending, the girl made an allegation that she too had previously been sexually assaulted by the defendant. Additional charges for Rape of a Child by Force were filed against the defendant.
Jury Trial Verdict:
Count 1: Indecent Assault and Battery under 14 Years of Age (boy): NOT GUILTY
Count 2: Indecent Assault and Battery under 14 Years of Age (girl): DISMISSED BY PROSECUTOR AFTER THE FIRST TRIAL ENDED WITH A NOT GUILTY VERDICT.


Criminal Charges: Manslaughter, Distribution of Heroin (X2)
Police Report: The police respond to a residence in Attleboro where paramedics were attempting to revive an unresponsive male. This male was transported to the hospital where he was pronounced dead. A subsequent autopsy report lists “Cocaine and Heroin Toxicity” as the cause of death. At the residence, Attleboro detectives speak with a number of residents who were present when the male ingested heroin and began to overdose. It was reported to police that the defendant was a heroin dealer who was called earlier in the day for the sale of $50 of heroin. The defendant arrived and sold the heroin, which was ultimately ingested by the deceased male and led to his overdose. The detectives then orchestrated a “controlled buy” where they monitored a phone call being placed to the defendant for the purchase of additional heroin. The defendant arrived at the residence and delivered an amount of heroin to a cooperating witness who was working with the police. The defendant was charged with manslaughter under the theory his sale of heroin was “wanton and reckless” conduct that was the deceased proximate cause of death.
Results: Trial
Count 1: Manslaughter: NOT GUILTY
Count 2: Distribution of Heroin: NOT GUILTY
Count 3: Distribution of Heroin: GUILTY


Criminal Charges: Unarmed Robbery (Later reduced to Larceny from a Person)
Police Report: The Fall River Police Department speaks with a female who reports she was just the victim of a robbery. She tells police she went to convenience store with her boyfriend when she ran into the defendant who she in acquainted with. She reports she began speaking with him while he was seated in his vehicle which was parked in the lot. As she went to walk away, the defendant grabbed her purse and sped away. She said her purse contained her wallet and $550 cash.
Results:
Count 1: Larceny From a Person: DISMISSED


Criminal Charges: Armed Robbery (Later reduced to Larceny from a Person) & Armed Assault w/ Intent to Rob (Later reduced to Assault w/ a Dangerous Weapon)
Police Report: The Fall River Police Department takes a report from two females who come to the police station claiming one had just been robbed by knifepoint. Both females state they were walking back to one of their homes when the defendant pulled up in a black vehicle and offered a ride. Both females got into the car at which point the defendant pulled out a knife and demanded money from them. The defendant took $2,500 from one of the females before making them get out of the car. One of the females stated she knew the defendant and they had gone to school together.
Results:
Count 1: Larceny From a Person: DISMISSED
Count 2: Assault w/ a Dangerous Weapon: DISMISSED


Criminal Charges: Assault and Battery
Police Report: The police respond to a home for a 911 call by a female reporting that her boyfriend had just assaulted her. When police arrive, the reporting female states when her boyfriend came home from work, she confronted him about allegations her daughter had made regarding the defendant. The defendant is alleged to have then become enraged and shoved the female down to the ground.
Results: Trial
Count 1: Assault & Battery: NOT GUILTY


Criminal Charges: Unarmed Robbery & Assault & Battery
Police Report: The complainant alleged she was walking down the street in the City of Fall River when a man known to her approached her, hit her in the head and stole her purse, which contained approximately $500 cash. The responding police observed a fresh injury to the complainant’s head. The complainant was with her friend who witnessed the attack and corroborated her story to the police.
Results:
Count 1: Unarmed Robbery: DISMISSED
Count 2: Assault & Battery: DISMISSED


Criminal Charges: Larceny Over $250 & Larceny Over $250
Police Report: The defendant worked for a retail business that installed home heating equipment into residential homes on Cape Cod. The company president alleged the defendant was involved in a scheme during his employment where he would use company funds to purchase materials and then pocket the cash paid to him by customers.
Results:
Count 1: Unarmed Robbery: DISMISSED (after payment of restitution)
Count 2: Assault & Battery: DISMISSED


Criminal Charges: Possession Class B, to wit: Cocaine
Police Report: The police respond to noise complaints from a house party in the town of Chatham. The police speak with the defendant who drops a small bag of cocaine from his pocket as he takes out his wallet. The defendant tries to conceal the bag but ultimately admits it is his when police confiscate it.
Results:
Count 1: Possession Class B: DISMISSED


Criminal Charges: Masked Armed Robbery with a Firearm
Police Report: Fall River Police respond to a convenience store for a report of a robbery by a man who was wearing a mask and carrying a pistol. The defendant, who matched the general description, was stopped by the police nearby the store. The defendant told the police he had just come from the store after purchasing a blunt. A surveillance video showed three males sprinting from the store towards the location in which the defendant was stopped.
Results:
Count 1: Masked Armed Robbery with a Firearm: DISMISSED


Criminal Charges: Possession with Intent to Distribute Heroin; Carrying a Dangerous Weapon (two counts)
Police Report: Barnstable Police conduct a traffic stop of the defendant in the early morning hours because of a moving violation. Upon speaking with the defendant at the window, the police believe the defendant to be giving inconsistent statements about where he was coming from and headed. The police run the defendant’s criminal record and learn he has prior charges for drug related offenses and breaking and entering related offenses. While the police are running his background information, the defendant is observed to reach into the center area of the car. The police have the defendant exit his car and they recover a quantity of suspected heroin and two illegal knives.
Results:
Count 1: DISMISSED (after defense’s motion to suppress all physical evidence allowed)
Count 2: DISMISSED after defense’s (motion to suppress all physical evidence allowed)
Count 3: DISMISSED (after defense’s motion to suppress all physical evidence allowed)


Criminal Charges: Assault & Battery on a Person over 60 years of Age.
Police Report: Bourne Police respond to a call regarding an assault. The reporting parties stated they are park attendants at the Cape Cod Canal for the Army Corp of Engineers. They stated that a boy was operating a motorized scooter on the path which is prohibited. They stated they instructed the boy’s parents that the scooter was prohibited but that the parent’s just ignored them. They stated after instructed the parents again that the scooter could not be used, the father initiated a “heated” exchange and then “chest bumped” one of the attendants (who was 71 years old) causing him to fall down. The reporting parties stated after the “chest bump”, the family got into their vehicle and fled the scene. A surveillance video was obtained by police which showed the defendant leaving with his family. The defendant was arrested and charged with a felony out of the Falmouth District Court.
Results:
Count 1: DISMISSED


Criminal Charges: Armed Assault to Murder (x2), Firearm without a License, A&B DW (x2)
Police Report: Two victims were shot multiple times outside a gas station. The victims and onlookers were able to describe two assailants as well as a vehicle they fled in. The police stop the suspect vehicle a short distance away and the occupants including the defendant were taken into custody. A firearm was retrieved from the vehicle and the defendant gave a full statement to the police. The defendant was identified as being gang affiliated and next to the shooter as they confronted the victims.
Results:
Count 1: DISMISSED
Count 2: DISMISSED
Count 3: DISMISSED
Count 4: DISMISSED


Criminal Charges: Trafficking 28+ Grams of Heroin, Conspiracy to Violate the Drug Laws & Drug Violation within a School Zone
Police Report: The Massachusetts State Police Gang Unit and the Bristol County Narcotics Unit conducted an investigation targeting the defendant and another individual for drug trafficking activity in the New Bedford area. A confidential informant alleged the defendant was leading a heroin distribution network. A search warrant was applied, granted by the court and executed by the joint law enforcement agents involved in the investigation. The defendant was arrested and found to be in possession of a large amount of cash. Seized from the target residence was over 60 grams of heroin, baggies with cut corners and a digital scale. Attorney Powderly filed a DiBennadetto motion to dismiss on behalf of his client. Shortly prior to the motion being litigated in court, the prosecutor informed the judge the case would be voluntarily dismissed by the Commonwealth.
Results:
Count 1: Trafficking Heroin 28+ Grams: DISMISSED
Count 2: Conspiracy to Violate the Drug Law: DISMISSED
Count 3: Drug Violation within a School Zone: DISMISSED


Criminal Charges: Operating Under the Influence (OUI) 2nd Offense & Negligent Operation
Police Report: The defendant had crashed his vehicle into a front yard fence of a residence. The defendant made admission to the police of having consumed alcohol and the arresting officer notices had a strong odor of alcohol coming from the defendant and he appeared to be unsteady on his feet. The officer administered three field sobriety tests which he concluded the defendant failed all three. The officer formed an opinion the defendant was operating his vehicle while under the influence of alcohol.
Jury Trial Verdict:
Count 1. OUI Second Offense: NOT GUILTY
Count 2. Negligent Operation: NOT GUILTY


Criminal Charges: Assault & Battery, Threats to Commit a Crime & Intimidation of a Witness
Police Report: The victim reports to police her ex-husband, the defendant, struck her and threatened to kill her if she makes a report against him to the police. The victim also made allegations against the defendant for having previously choked and raped her the prior year. The victim testified against the defendant at his ensuing trial.
Jury Trial Verdict:
Count 1: NOT GUILTY
Count 2: NOT GUILTY
Count 3: DISMISSED


Criminal Charges: Larceny from a Person (Reduced from Armed Robbery)
Police Report: The victim reports he went to the residence of an ex-girlfriend where he was accosted by the defendant, a gang member, who subsequently robbed him of items in his possession. The victim testified against the defendant at his ensuing trial.
Jury Trial Verdict:
Count 1: NOT GUILTY


Criminal Charges: Operating Under the Influence (OUI) 2nd Offense & Negligent Operation
Police Report: Defendant was operating a vehicle at speeds of approximately 100 miles per hour. The defendant struck another moving vehicle, spun through a guardrail and flipped his vehicle. The arresting Massachusetts State Trooper observed the defendant to be emanating a strong odor of alcohol from his breath, spoke with slurred speech and had glassy eyes. The officer noted the defendant was belligerent and combative as the Trooper spoke with him.
Jury Waived Verdict:
Count 1: OUI 2nd Offense: NOT GUILTY
Count 2: Negligent Operation: NOT GUILTY


Criminal Charges: Operating Under the Influence (OUI) & Negligent Operation
Police Report: Defendant is observed by police committing numerous motor vehicle infractions at 1:30am on Route 6 in Seekonk. The defendant is pulled over and police observe him with slurred speech and a strong odor of alcohol. The defendant is asked to exit his car in order to perform field sobriety tests. The officer observes the defendant to be unsteady on his feet as he walks to the back of his car. The defendant is asked if he had been drinking to which he replies “yes a lot”. The defendant is asked to touch the tip of the officer’s pen with the tip of his finger to which the defendant touches his nose with the tip of his finger. The officer administers the HGN (horizontal gaze nystagmus) test, the nine step walk and turn test, the one leg stand test and the alphabet test. The officer makes a determination the defendant unsuccessfully completed all of these tests. Inside the defendant’s vehicle, a half empty bottle of Rum is located. The defendant was placed under arrest and transported back to the police station. During transport, the defendant fell over in the back of the cruiser and then complained of injury. The officer indicated the defendant changed the location of his injury on multiple occasions. The defendant was transported to Sturdy Memorial Hospital for evaluation.
Jury Waived Verdict:
Count 1: OUI 2nd Offense: NOT GUILTY
Count 2: Negligent Operation: NOT GUILTY


Criminal Charges: Trafficking 100+ Grams Cocaine, Poss Intent to Distribute & Conspiracy
Police Report: The police respond to a college dormitory for a reported fight in progress. The defendant and two co-defendants are placed into police custody. The police recover pills, a scale, suspected cocaine, a syringe and marijuana. The defendant, a college student with no record, is charged with trafficking which carries a 10-year mandatory minimum state prison sentence.
Results:
Count 1: Trafficking Cocaine 100+ Grams: DISMISSED
Count 2: Conspiracy to Violate the Drug Law: DISMISSED
Count 3: Possession with Intent to Distribute: DISMISSED


Criminal Charges: Attempted Murder and Assault & Battery with Dangerous Weapon
Police Report: The defendant was alleged to have been a participant in a drive by shooting that involved two adversarial Fall River gangs. A number of shots were fired from a moving vehicle the defendant occupied and the victim suffered a non-fatal gunshot wound. The defendant was implicated as a participant by one of his co-defendant’s who cooperated with the police. The defendant was arrested and made a number of incriminating statements during his recorded interview with police.
Results:
Count 1: Attempted Murder: DISMISSED
Count 2: Assault & Battery DW: DISMISSED


Criminal Charges: Armed Assault to Murder & Assault & Battery with Dangerous Weapon
Police Report: Police are called to the emergency room where the victim is being treated for injuries stemming from being stabbed in his face and torso. The victim states he was attacked unprovoked and identifies the defendant as his assailant. The defendant is arrested shortly after the incident and is found to be in possession of a folding knife by police.
Results:
Count 1: Armed Assault to Murder: DISMISSED
Count 2: A&B w Dangerous Weapon: DISMISSED


Criminal Charges: Armed Robbery; Assault & Battery Dangerous Weapon; Assault with Dangerous Weapon; Receiving Stolen Property less then $250
Police Report: The victim reports to police she was robbed by a group of females after being held at knifepoint. The police conduct a photo array and the defendant is positively identified by the victim as being one of the assailants.
Results:
Count 1: DISMISSED
Count 2: DISMISSED
Count 3: DISMISSED
Count 4: DISMISSED


Criminal Charges: Larceny Drugs, Assault w/ Dangerous Weapon & Intimidation of a Witness
Police Report: The defendant attacked the victim with a weapon striking her face with an object and his hand. The defendant then stole the victims prescribed medication including approximately 100 Oxycodone pills, 60 Oxycontin pills and 40 Lorazepam pills.
Results:
Count 1: DISMISSED
Count 2: DISMISSED
Count 3: DISMISSED


Criminal Charges: Armed Assault to Murder; Assault & Battery Causing Substantial Injury
Police Report: The police take a report from a victim and his girlfriend who report the victim was jumped by two males resulting in multiple and severe stab wounds. The victim’s girlfriend identifies the defendant as the attacker, stating she has hung out with him in the past. The police conduct a photo array and the witness identifies the defendant out of 6 photos presented to her. The witness provides police with the defendant’s nickname and information tying him to the second attacker. The defendant and co-defendant were indicted by a Bristol County Grand Jury
Results:
Count 1: DISMISSED
Count 2: DISMISSED


Criminal Charges: Unarmed Robbery, Conspiracy, Assault & Battery (A&B)
Police Report: Two victims report to the police that they were robbed and attacked by two males previously known to them, with the defendant being named as one of the assailants. The victims stated they were riding in a car when they came to a stop and were approached by the defendant. The victims report the defendant started to punch the female passenger in her head while the other male demanded money.
Results:
Count 1: DISMISSED
Count 2: DISMISSED
Count 3: DISMISSED


Criminal Charges: Possession with Intent to Distribute Class D & School Zone Violation
Police Report: The police respond to a late night call for a reported break in progress. Upon arrival, the defendant is observed to be walking near the location of the reported criminal activity. The defendant is the only one on the street at this hour and is stopped and questioned by the police. The police learn the defendant’s identity and determine he has an outstanding warrant out for his arrest. The defendant is placed in custody and a subsequent search reveals a large quantity of marijuana which the officer determines to be packaged for individually sale.
Results:
Count 1: DISMISSED
Count 2: DISMISSED


Criminal Charges: Unarmed Robbery; Disorderly Conduct and Disturbing the Peace
Police Report: Police officers are dispatched to a residence where a female party makes a report that she was recently in a verbal and physical fight with a former friend (defendant) who punched her multiple times in the head and stole her pocket book off of her shoulder. An independent witness on scene spoke with police and corroborated the alleged victim’s account of what took place and also identified the defendant as the attacker. The defendant was also alleged to have yell obscenities and threatened to kill the alleged victim while in police presence.
Results:
Count 1: DISMISSED
Count 2: DISMISSED
Count 3: DISMISSED


Criminal Charges: Armed and Masked Robbery with a Firearm; Home Invasion; Assault in a Dwelling Armed with a Firearm
Police Report: Police were dispatched to an area for a reported armed robbery with the suspect having used a firearm. The alleged victim states he entered an apartment where two masked men, one armed with a silver pistol, robbed him of $4,200. The defendant was with the victim of the robbery and the victim believed he was set up by the defendant. The victim chased the robbers who he saw flee in a car and he was able to identify the driver as the defendant’s brother.
Results:
Count 1: DISMISSED
Count 2: DISMISSED
Count 3: DISMISSED


Criminal Charges: Unarmed Robbery; Conspiracy and Assault and Battery (A&B)
Police Report: Two individuals made a report to the police that they were recently robbed and assaulted by two males known to them, one of which being the defendant. The victims stated they were in a car when they came to a stop, the defendant came up to the car and started to punch the female passenger in the head and the co-defendant demanded money. The victim gave the co-defendant $60.
Results:
Count 1: DISMISSED
Count 2: DISMISSED
Count 3: DISMISSED


Criminal Charges: Unarmed Robbery; Assault and Battery (A&B) Dangerous Weapon
Police Report: The police were dispatched to the report of a female stating she was robbed and dragged by a car. Victim states she was walking down the street with some cash in her hand when the defendant was driving by in a vehicle. The victim stated she previously knew the defendant and he asked her for some directions. As she approached the vehicle, the defendant grabbed her hand with the money and began to speed away. Independent witnesses were on scene and confirmed this account.
Results:
Count 1: DISMISSED
Count 2: DISMISSED
Count 3: DISMISSED