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Superior Court Briefs: October 16 - October 18

Staff Reports
Cases heard before Judge John Agostini on Wednesday, October 16.
 
Cynthia Merced, 33, of Pittsfield pleaded guilty to single counts of distribution of cocaine and conspiracy to violate drug laws.
 
She was ordered to serve concurrent one day sentences at the Berkshire County House of Correction. Merced sold cocaine and conspired with others to sell cocaine in Pittsfield on November 30, 2011.
 
Solomon Jones III, 21, of Pittsfield pleaded guilty to three counts of assault and battery by means of a dangerous weapon and single counts of armed robbery and assault and battery.
 
He was ordered to serve concurrent three to four years at the Massachusetts Correctional Institution at Cedar Junction on the armed robbery and assault and battery by means of a dangerous weapon charges. He was given concurrent two and a half years at the Berkshire County House of Correction on the assault and battery charge. 
 
The charges stem from the robbery and assault of an 18-year-old man in Pittsfield on May 7, 2012.
 
Cases heard before Judge John Agostini on Thursday, October 17.
 
Ernest Harvin, 37, of Bronx, N.Y. had not guilty pleas entered on  his behalf on single counts of possession of heroin with intent to distribute, possession of a firearm during the commission of a felony, receiving stolen property over $250, illegal possession of a large capacity weapon or feeding device, illegal possession of a firearm, illegal possession of a loaded firearm, possession of ammunition without a firearm identification card, improper storage of a firearm, unlicensed operation of a motor vehicle, failure to stop for a police officer and operating a motor vehicle without an inspection sticker.
 
He was ordered to be held at the Berkshire County House of Correction on $500,000 cash or $5 million surety bail. The charges stem from a motor vehicle stop in Williamstown on September 5, 2013.
 
Terrence Ebling Jr., 34, of Pittsfield had not guilty pleas entered on his behalf on single counts of operating under the influence of alcohol - his third offense - leaving the scene of a property damage accident and operating a motor vehicle with a suspended licenses - his second offense.
 
He was ordered to be held at the Berkshire County House of Correction without bail. The incident allegedly occurred in Pittsfield on August 28, 2013.
 
Joshua Desnoyers, 22, of Pittsfield had not guilty pleas entered on his behalf on two counts of assault and battery by means of a dangerous weapon, two counts of assault and battery and single counts of armed robbery while masked and resisting arrest.
 
He was ordered to be held at the Berkshire County House of Correction on $10,000 cash or $100,000 surety bail. Desnoyers is accused of using a pit bull to take a backpack from a 22-year-old man and a 30-year-old man was allegedly assaulted during the robbery. The incident allegedly happened in Pittsfield on September 27, 2013.
 
Cases heard before Judge John Agostini on Friday, October 18.
 
Raymond Yetz, 59, of Pittsfield pleaded guilty to a single count of failure to register as a sex offender.
 
He was ordered to serve six months at the Berkshire County House of Correction. Yetz failed to register as a sex offender in Pittsfield between December 1, 2012 and January 8, 2013.
     

Rollover Crash Under Investigation in Pittsfield

By Andy McKeeveriBerkshires Staff
UPDATED: October 15, 2013 at 3:40 p.m. with additional information.
 
PITTSFIELD, Mass. — A portion of Holmes Road at the intersection of Pomeroy Avenue was closed this afternoon because of a rollover collision between a DHL delivery van and a Subaru Outback.
 
Police say at 1:13 p.m. a Subaru Outback operated by Myrna Golden of Lenox made a left turn from Pomeroy Avenue onto Homes Road where she collided with a northbound DHL truck operated by David Palma of Clifton Park, N.Y. 
 
The Subaru rolled over and Golden was extricated from the vehicle by the Pittsfield Fire Department. She was treated for her injuries by EMTs from Action Ambulance and transported to Berkshire Medical Center.
 
Traffic was diverted at Chapman Corner and at Cooper Parkway for about an hour as Police, Fire and Action Ambulance were assisting on scene.
 
Officer Michael Silver is leading the investigation and any witnesses are asked to call him at 413-448-9700 ext. 409.
 
Another person was seen being treated by EMTs but no further information was immediately available.
     

North Adams Men Charged in Holyoke Purse Snatching

Staff Reports

NORTH ADAMS, Mass. — Masslive.com is reporting that two city men have been arrested for allegedly stealing a purse from a 73-year-old woman at the Holyoke Mall.

The news site reports that Jesse Sprague, 31, of Cliff Street and Patrick Gaffey, 45, of Daniels Road were arrested shortly after noon on Thursday after state police pulled over the white van that Gaffey was driving south on Interstate 91.

Sprague allegedly grabbed the woman's purse as she was walking to her car from the lower level of Macy's and jumped in the van. According to police reports, he allegedly ran off after the van was stopped and arrested after troopers caught him.

Gaffey was charged with traffic violations, including speeding and driving with a suspended license; Sprague was charged with disorderly conduct. Both were charged "with unarmed robbery of a person 65 or older," according to Masslive.

     

Superior Court Briefs: October 9

Staff Reports
Cases heard before Judge John Agostini on Wednesday, October 9.
 
Nathaniel Buckholz, 23, of Brooklyn, N.Y. pleaded guilty to a single count of assault and battery.
 
He was placed on one year probation. Buckholz assaulted a 21-year-old man in Williamstown on November 14, 2010.
 
Berthony Jean Baptiste, 21, of Boston had not guilty pleas entered on his behalf on single counts of assault and battery by means of a dangerous weapon, armed assault with intent to rob and larceny over $250.
 
He was ordered to be held at the Berkshire County House of Correction on $50,000 cash or $500,000 surety bail. Baptiste allegedly attempted to rob a Taxi driver near Brayton Hill Terrace in North Adams on September 9, 2013.
 
Miles Arnspiger, 24, of Pittsfield admitted to facts sufficient to warrant a guilty finding on single counts of burning a building and making a bomb threat causing public alarm.
 
The case was continued without a finding for five years on the condition that Arnspiger performs 100 hours of community service work and write letters of apology to Canyon Ranch and members of the Lenox Fire Department.
 
Arnspiger made a bomb threat and set fire to an outbuilding at Canyon Ranch while working there on May 19, 2012 and August 9, 2012.
     

North Adams Pair Charged with Pot Operation

Staff ReportsiBerkshires Columnist

NORTH ADAMS, Mass. — Two people have been charged with operating what police said was a "significant" marijuana production and distribution system.

Daniel Chao, 37,  and Stephanie LeMay, 33, were arrested after a warrant was executed at their 9 Fairgrounds Ave. residence on Wednesday morning.

North Adams Police, working state police detectives, found two pounds of marijuana packaged and ready for sale,  88 marijuana plants and hash oil.

"It was a significant growing operation," said Police Director Michael Cozzaglio on Thursday. "There was upwards of a month of investigation before the execution of the search warrant."

Chao and Lemay, who were renting the single-family home, were both charged with possession of a Class D drug and possession with intent to distribute for the marijuana and for possession and intent to distribute for the hash oil, and conspiracy to violate drug laws.

Police seized "everything that goes with a growing operation," said Cozzaglio, including the plants, lights, soil, fertilizer, scales and other times.

Chao has been "known" to police for sometime, said Cozzaglio, and has a record going back to at least 2006.  "He's not a new name."

There have been seizures of growing operations in the past but not one this significant in some time, he said. There have been busts of product imported for distribution.

"We don't usually find a growing operation like this," said Cozzaglio. "In recent memory no, we haven't had anything like this."

     
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