Wednesday, July 21, 2010

Attempted Murder Charges DISMISSED Against Attorney James Powderly's Client Facing A Mandatory Minimum 10 Year Prison Term

By Kevin P. O'Connor
Posted Jul 19, 2010 @ 10:48 PM
Charges were dismissed against Luis Chevere, one of three people charged with attempted murder for the shooting on Bedford Street on May 5.

Chevere, 19, of Pine Street, was released after prosecutors declined to continue the case against him.

His two former co-defendants have been indicted and are scheduled for arraignment Monday in Superior Court. They are Jovaughn Mills, 18, of Fall River, and Megan Ferreira, 20, of New Bedford.

Police allege Mills and Ferreira were in a car on Bedford Street just before midnight on May 5. Ferreira was driving when Mills opened fire on a second car at Covel Street, police said. The bullets went through the windows and door of the car, striking a Pine Street man, now 23, who needed medical treatment for a wound to his arm and for car window glass embedded in his face.

Police alleged that Chevere was in the car at the time of the shooting.
But at a hearing on May 12 in which Chevere asked for bail, defense lawyer James Powderly argued that the case against Chevere was weak.

The victim knew Chevere, but did not identify him as one of his attackers, Powderly said.

“The fact that the victim did not identify Mr. Chevere speaks volumes,” Powderly said.

District Court Judge Toby Mooney denied bail to Chevere, but bail was set at $750 cash when the matter was appealed to Superior Court.

That bail was returned after prosecutors decided there were insufficient facts to support bringing the case to a grand jury.

Mills and Ferreira have been held since their arrest two days after the shooting.

They can argue for bail again when they are arraigned in Superior Court.
If they are denied bail, the prosecution must be ready to try the case within 90 days.

A conviction on the charge of attempted murder carries a possible sentence of 20 years in prison.

Because prosecutors charge a gun was used, Mills and Ferreira face a minimum sentence of 10 years if convicted.

E-mail Kevin P. O’Connor at koconnor@heraldnews.com.

No comments:

Post a Comment