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Superior Court Briefs: October 23 - October 24

Staff Reports
Cases heard before Judge John Agostini on Wednesday, October 23.
 
Daivon Henry, 21, of Bronx, N.Y. had not guilty pleas entered on his behalf on three counts of assault and battery and one count of aggravated rape.
 
He was ordered to be held on $30,000 cash or $300,000 surety bail. The incident allegedly occurred in North Adams between April 30, 2013 and May 1, 2013 and involved a 40-year-old woman.
 
Richard Smith, 23, of Bronx, N.Y. had not guilty pleas entered on his behalf on three counts of assault and battery and single counts of aggravated assault and battery and aggravate rape.
 
He was ordered to be held at the Berkshire County House of Correction on $40,000 cash or $400,000 surety bail. The incidents allegedly occurred in North Adams between April 30, 2013 and May 6, 2013 and involved two women, both 40 years old.
 
Cases heard before Judge John Agostini on Thursday, October 24.
 
Joseph Pini, 36, of North Adams pleaded guilty to 12 counts of breaking and entering the daytime, 10 counts of larceny over $250, two counts of trespassing, two counts of larceny from a building, two counts of malicious destruction of personal property and single counts of breaking and entering in the daytime, possession of burglarious tools, receiving stolen property and common and notorious thief.
 
He was given a two and a half year suspended sentence at the Berkshire County House of Correction on all charges except the two counts of trespassing. He was given 30 day suspended sentences on those charges. He was also placed on probation and ordered to stay away from Williams College.
 
The charges stem from a  series of break ins in Williamstown and North Adams between February 24, 2012 and March 9, 2012.
 
Donald Mayotte, 48, of Pittsfield pleaded guilty to single counts of operating under the influence of alcohol - his fifth offense - failure to stop for a stop sign and operating a motor vehicle with a suspended license.
 
He was ordered to serve two and a half to five years at the Massachusetts Correctional Institution at Cedar Junction on the charge of operating under the influence of alcohol. He was given a concurrent sentence on the suspended license charge and the other charge was placed on file.
 
The charges stem from an incident in Pittsfield on September 11, 2012.
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State Police Seize Unlicensed Gun During Adams Traffic Stop

Staff Reports
ADAMS, Mass. — A Pittsfield man was arrested by State Police Wednesday after a traffic stop on Columbia Street which led to the seizure of an illegal handgun.
 
MassLive is reporting that Tyler Sumner, 19, of Pittsfield was arrested and is being charged with possession of a firearm without a firearm identification card, carrying a firearm with ammunition, firearm violation with prior violent crime, possession of ammunition without a firearm identification card and assault and battery on a police officer.
 
Sumner is expected to appear in Central Berkshire District Court. 
 
State Police posted the following information on their Facebook page.
 

 

 

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Pittsfield Police Make Arrest In Late Night Stabbing

Staff Reports
PITTSFIELD, Mass. — Police arrested one man Thursday morning in connection to a late night stabbing that left another man in intensive care. But Police say another suspect has not yet been identified.
 
Police say 40-year-old Tony "Chris" Babcock of Second Street was arrested Thursday morning for allegedly stabbing a 28-year-old man. The victim is currently in the intensive care unit at the hospital and underwent emergency surgery.
 
Police are still searching for another man in connection with the attack after witnesses told Police that two men were involved in the Second Street attack.
 
The other suspect has not been identified and police are asking anyone with information related to the case to call the detective bureau at 413-448-9705.
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Superior Court: Man Arraigned in North Adams Murder

Staff Reports
David Delratez at his rendition hearing in Bennington, Vt. He was arraigned in Berkshire Superior Court in Pittsfield on Wednesday for the murder of Ellen Depaoli.

PITTSFIELD, Mass. — The man accused of murdering 84-year-old Ellen Depaoli in North Adams is being held without bail after his case was moved to Berkshire Superior Court.

David Delratez entered not-guilty pleas on single counts of murder and larceny of a motor vehicle on Wednesday.

Delratez is accused of murdering Depaoli at her home on Walker Street in North Adams on September 17, 2013 and fleeing in her car.

He was taken into custody a few days later in Bennington for violating his probation from a previous charge.

Authorities then charged him with murder and larceny of a motor vehicle and he entered not guilty pleas to those charges at an arraignment in Northern Berkshire District Court on Sept. 23.

The case is now moved to Berkshire Superior Court after a grand jury indicted him on Monday; he was arraigned again on Wednesday.

He again pleaded not guilty to the previous charges of breaking and entering with intent to commit a misdemeanor and malicious destruction of property in connection with an incident in Clarksburg on Sept. 13, 2013 — the charges he was originally taken into custody on because it violated his probation.

Also from that Sept. 13 incident, he was charged and pleaded not guilty to a single count of use of a motor vehicle without authority.

According to police documents presented at the first arraignment, Delratez was found after police tracked down Depaoli's car in Bennington. They found a knife in the car, which police say was used in the murder.

Delratez then allegedly told police that two other men committed the crime and forced him to take the car and drive them out of town. He then says he was scared and went to stay with a friend in Bennington, according to police documents.

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North Adams Firefighters Douse Car Fire

Staff Reports
Firefighters doused a car fire on Sunday afternoon.

NORTH ADAMS, Mass. — Firefighters made short work of a car fire on Sunday afternoon but the vehicle was a total loss.

Chris Bonnivier of Adams said he was driving down Curran Highway when his 1999 Volvo sedan began smoking from the engine compartment just before 3 p.m.

He pulled into the parking lot of the former North Adams Plaza and got out of the car before the engine burst into flame. The dark smoke billowing out the parking lot could be seen from Hodges Cross Road.

"I really liked that car," said Bonnivier, who added the sedan had some 200,000 miles on it. "I've never had anything like that happen to me before."

The interior of the car was totally gutted, some of the tire popped and the windows blew out. Fire Lt. John Paciorek said it would be difficult to impossible to determine what caused the fire. "Everything in there is incinerated."

Surprisingly, Bonnivier was able to recover one of the three briefcases he had in the car. One in the back seat survived but was dripping as he pulled it out. "You guys overdid the water," he joked.

No one was injured and remains of the car were removed.

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Emergency: 911
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