October 22, 2010

• Steven Topazio wrote this April 27, 2014 at 11:14 am

On or about February 19, 2007, the Transit Police Department began an investigation into the stabbing of an individual at the Back Bay T stop who had been stabbed 21 times. By speaking with witnesses and viewing MBTA video, Transit police were able to see a group of six to eight males run from MBTA inspectors. The defendant, a juvenile, who was identified as a member of the group, although not the stabber was charged with attempted murder, aggravated assault and battery, assault and battery with a dangerous weapon, and assault and battery on a joint venture theory, hired Attorney Topazio to defend him. Attorney Topazio was successful in procuring his client’s release following his arraignment on youthful offender charges.
Juvenile delinquency cases are criminal cases where the offender is under the age of seventeen at the time of the offense, and after trial or following a plea, could be found “delinquent” instead of being found “guilty”. Instead of going to prison a juvenile can be committed to a “secure facility” within the Department of Youth Services. On the other hand, juveniles who commit serious felonies involving serious harm or the threat of serious harm to others can be prosecuted as youthful offenders. Once the Juvenile Court determines that a juvenile is a youthful offender the court proceedings become public and the juvenile can be sentenced as if he were an adult which includes exposing the juvenile to the possibility of a full adult state prison sentence, as was the case here.
Attorney Topazio filed a motion to dismiss attacking the grand jury indictment against his client. Attorney Topazio argued that the grand jury did not have before it any evidence of criminality by the defendant to support the indictments against his client on a joint venture theory for Armed Assault with intent to Murder; Aggravated Assault and Battery with a Dangerous Weapon; Assault and Battery by means of a Dangerous Weapon and Assault and Battery.
In order to sustain a conviction under a theory of joint venture, the Commonwealth must present sufficient evidence to prove beyond a reasonable doubt that (1) the defendant was present at the scene of the crime, (2) with knowledge that another person intended to commit a crime or with intent to commit a crime, and (3) by agreement was willing and available to help the other person if necessary.
Although unsuccessful in trying to convince the court to dismiss the entire case, today, Attorney Topazio was successful in getting the Armed Assault with intent to Murder; Aggravated Assault and Battery with a Dangerous Weapon; Assault and Battery by means of a Dangerous Weapon counts dismissed and having his client found delinquent as a juvenile on the assault and battery count.