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Superior Court Briefs: May 7 - May10

Staff Reports
Cases heard before Judge Daniel Ford on Monday, May 7.

Brandon Wood, 31, of Pittsfield had not guilty pleas entered on his behalf on a single count of unarmed robbery.

Wood was ordered to be held at the Berkshire County House of Correction on $100,000 cash or $1 million surety bail. Wood is charged in connection with the bank robbery of Greylock Federal Credit Union on Elm Street in Pittsfield on March 30,.

Cases heard before Judge Daniel Ford on Wednesday, May 9.

Jerry Davis, 30, of Pittsfield was found not guilty of two counts of assault and battery by means of a dangerous weapon and a single count of armed assault with intent to murder.

The charges stem from an incident on Memorial Drive in Pittsfield on June 10, 2010 that injured a 33-year-old man and a 50-year-old woman.

Prior to the trial, two counts of intimidation of a witness, two counts of threat to commit murder and a single count of assault and batter by means of a dangerous weapon was dismissed by the state.

Cases heard before Judge Daniel Ford on Thursday, May 10.

Francis Willor Jr., 39, of North Adams pleaded guilty to three counts of assault and battery by means of a dangerous weapon, two counts of assault by means of a dangerous weapon, two counts of possession of oxycodone with intent to distribute and a single count of conspiracy to violate drug laws.

The drug charges are in connection with the execution of a search warrant at his home on November 6, 2009 and the assault charges stem from an incident involving a man in North Adams on March 7.

Willor was sentenced to concurrent three to three and a half year sentences at the Massachusetts Correctional Institution at Cedar Junction.
     

Three Charged With Robbing Two North Adams Bars

Staff ReportsiBerkshires
NORTH ADAMS, Mass. — Three city men are charged with pilfering booze and equipment from two neighboring establishments.

Timothy Domina, 27, Stavri Yanka, 25, and Zachary Mazza, 24, are all charged with breaking and entering in the nighttime and larceny over $250 in connection with a burglary at the Mohawk Tavern and the out-of-business restaurant Rub in the early hours of March 19.

The three allegedly stole nearly all of the Mohawk's hard liquor, many bottles of beer, an entire keg, shot glasses and a guitar and a cash register, television and stereo equipment from Rub.

According to court documents, Domina was the ringleader of the break-ins. He entered an admission of sufficient facts in Northern Berkshire District Court  on April 13 and was sentenced to two years at the Berkshire County House of Corrections. Yanka and Mazza were charged via subpoena but had not yet appeared in court.

Police reported that the three men were living together upstairs from the Marshall Street bars and that Domina had broken a window at Rub after midnight on March 19 and began grabbing items. He then allegedly had his roommates help him carry the items upstairs.

After receiving arrest warrants, police found Domina and chased him to Bracewell Avenue, where he was arrested. During the arrest, police said they found a knife and prescription drugs on his person. Domina was later charged with possession of a class E substance and possession of a dangerous weapon but those counts were dismissed by the state, as well as single counts of destruction of property and receiving stolen property.
     

School Union Ex-Workers Charged With Embezzlement

By Andy McKeeveriBerkshires Staff
NORTH ADAMS, Mass. — Two former Northern Berkshire School Union employees were charged on Monday with making nearly $30,000 in unauthorized purchases with the union's credit cards.

Carol Fryc, 71, of North Adams and Donna Burdick, 57, of Florida, were both arraigned in Northern Berkshire District Court after a state police investigation revealed $29,631 worth of unauthorized purchases. They are being charged with single counts of larceny over $250.

The two worked in the small school union office in North Adams; the school union includes Clarksburg, Florida and Savoy schools.

According to court documents, Fryc, the school union's business manager, used the credit cards for an array of purchases — from veterinarian bills to digital cameras to candy for the office — at both Staples and WalMart. Some of the purchases were work-related but "unauthorized" while others were for personal use. Burdick allegedly used the credit cards for purchases from Staples.

The charges date back to 2004 — and some $8,000 is still questioned — but wasn't discovered until last fall when then Clarksburg Selectwoman Debra LeFave suspected that invoices were being forged. The School Union Superintendent Jonathan Lev filed a police response and both women were fired.

The largest unauthorized expenditures came from gift cards. More than $12,000 of the purchases were for Staples gift cards, which were later used for various purchases.
     

'Bottle Bomb' Found Along Clarksburg Road

Staff ReportsiBerkshires
CLARKSBURG, Mass. — A bomb squad technician removed a suspicious bottle of chemicals Wednesday morning from Middle Road.

"It's something kids usually mess around with," Police Chief Michael Williams said. "They put household chemicals in a bottle, it expands until it breaks but [this one] probably vented before it broke."

Williams said the plastic bottle was discovered by a homeowner off the side of the road on her property. "She thought it was trash but somebody told her to call the police ... there was something inside it that looked funny."

It appeared that a household chemical had been mixed into the bottle with an element to cause a reaction. He said they're not uncommon and he had run across one in the past that had burst.

The bomb squad was contacted and a technician came up to make sure it was safe. "He packaged it up and removed it," said Williams. "We didn't want anyone to get hurt."

The so-called "works bombs" or bottle bombs are easy to make and cause a bang when they blow up. The device is dangerous to the individuals mixing the chemicals but could cause serious injuries if someone was holding it or near it when it burst.

The bottle was apparently tossed or dropped by the road sometime during the night or early morning. There was no indication anyone was being targeted.

However, a works bomb would classify it as an "infernal device," said Williams, and that could mean up to 15 years in prison for possession.

     

Aggressive Pittsfield Fox Tests Positive For Rabies

PITTSFIELD, Mass. — The aggressive fox put down over the weekend tested positive for rabies.
 
The attacks happened in the vicinity of upper Williams Street, Pine Grove Drive and Harryel Street on May 4 and 5.
 
"This positive diagnosis does not mean that there is going to be an outbreak of rabies within the city," said Merridith O'Leary, the public health director. She does advise, however, to make sure pets are properly vaccinated.
 
The Pittsfield Health Department also suggests for people to not keep wild animals as pets, to avoid feeding your pets outside, and to securely cover your garbage.

There is no evidence that rabies is increasing in Pittsfield, in Western Massachusetts, or anywhere else, according to O'Leary. The state Department of Public Health issues quarterly reports on numbers of rabid animals and in the first quarter (Jan. 1 – March 30) of 2012, out of the 14 specimens that were sent to the lab for testing from Berkshire County, all specimens tested negative for the rabies virus. 

"In Massachusetts, raccoons are the animal most likely to carry rabies. Rabid raccoons are most likely to infect another raccoon; however, because the virus causes animals to behave abnormally, they may sometimes attack another species and spread the virus," she said. "This is termed a 'spill over' event and it is extremely rare to see a 'spill over' event result in more rabies cases."

Rabies is a very serious disease that affects the brain and spinal cord of fur bearing mammals, including humans.  Though rabies is usually a disease of wild animals, it can spread from an infected animal to a person. Transmission of the rabies virus occurs only when the saliva from a rabid animal is infectious and if a person or animal is exposed to that saliva from a bite, in a scratch, or in their eyes, nose or mouth. 

Anyone who may have had direct contact with saliva from a fox or any other wild animal, should first wash out the wound with soap and water for ten minutes, then immediately contact their health-care provider, the Health Department, or state Department of Public Health at 617-983-6800.
 
 
Anyone who may have witnessed aggressive behavior by a fox in this area, or who may have been exposed to this animal, should contact the animal control officers at 413-448-9700, Ext 335.
     
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