Massachusetts State Police say that a 26-year-old New Bedford, Massachusetts, man attempted to rob a victim Monday afternoon using only a starter pistol. Police say they received a call from the alleged victim about an incident that occurred outside the Dartmouth Mall around 4:45 p.m. Troopers responded to that call and met with the alleged victim, who then identified the alleged robber to them. Police later arrested the alleged robber and a search of his person turned up an Ekol Botan 9mm PAK starter pistol. The man was arrested and taken to the Dartmouth State Police barracks.
The defendant has since been charged with assault with a dangerous weapon, assault and battery with a dangerous weapon, attempted armed robbery and threatening to commit bodily harm. After his processing, the defendant is scheduled to be arraigned May 6 at the New Bedford District Court.
It's sometimes easy to hear about a case and automatically rush to judgment regarding the guilt or innocence of the person accused of the crime. This case is a good example of that because it should serve as a reminder that criminal defendants are presumed innocent until the prosecution proves the charges against them. The defendant also retains the right to confront the person accusing them of a crime.
In this particular case, the attorney representing the defendant may want to challenge the witness about their version of what happened outside that mall. The defense may also want to offer an alternate explanation of why the defendant had the starter pistol on him at the time. Perhaps there are some plausible reasons that might contradict the prosecution's theory.
Anyone facing gun crime charges should know that there are serious long-term ramifications if they are found guilty. They may incur a lengthy prison sentence, and they also may lose their ability to possess firearms in the future. That is why it is absolutely critical to speak with an experienced legal representation when faced with such serious charges.
Source: masslive.com, "Massachusetts State Police: 26-year-old New Bedford man arrested for attempted gunpoint robbery outside Dartmouth Mall" Conor Berry, May. 05, 2014