Berkshire Grand Jury Returns Indictments in Delacruz-Batista, Tatro Murders

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PITTSFIELD, Mass. — A grand jury has returned indictments against five defendants on charges related to the murder of Reymon Delacruz-Batista and against one defendant for the homicide of Jillian Tatro.
 
In the Delacruz-Batista homicide, the grand jury returned indictments of Jamel Nicholson, Timothy McFadden, Naquan Miller and Anthony Robertson for murder and other charges. The grand jury also returned an indictment of Melissa Perrea for obstruction of justice and destruction of documents and objects.
 
Berkshire Superior Court will arraign all of the defendants in the coming weeks.
 
Hunters discovered Delacruz-Batista's body in the Pittsfield State Forest early on Dec. 4, 2021. The Office of the Chief Medical Examiner determined that he died because of multiple gunshot wounds.
 
Nicholson faces charges of murder, armed kidnapping with serious bodily injury, accessory before the fact, accessory after the fact, and two counts of illegal possession of a firearm. 
 
McFadden faces charges of murder, armed kidnapping with serious bodily injury, two counts of illegal possession of a firearm, and two counts of illegal possession of a loaded firearm.
 
Miller faces charges of murder, armed kidnapping with serious bodily injury, accessory before the fact, accessory after the fact, and description of documents and objects. 
 
Robertson faces charges of murder, armed kidnapping with serious bodily injury, assault and battery by means of a dangerous weapon, discharging a firearm within 500 feet of a building, two counts of illegal possession of a firearm, and two counts of illegal possession of a loaded firearm.
 
In Jillian Tatro homicide, the grand jury returned a murder indictment against Luis Rosado. Berkshire Superior Court will arraign him on Aug. 4.
 
North Adams Police and Northern Berkshire Emergency Medical Services discovered Tatro deceased inside a home on Charles Street in North Adams on May 29. Rosado, her husband of five months, was charged with stabbing her to death.
 
The State Police Detective Unit assigned to the Berkshire District Attorney’s Office is investigating both homicides.
 
All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
 
In Central Berkshire District Court this week, the District Attorney's Office obtained a guilty verdict in the jury trial of Timothy Smithies for breaking and entering. The commonwealth proved to a jury that Smithies broke into a Pittsfield garage in June 2020. The court sentenced Smithies to serve nine months at the House of Correction.

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Berkshire Concrete Lawsuit Seeks Damages, Continued Operation

By Sabrina DammsiBerkshires Staff
DALTON, Mass. — Whether Berkshire Concrete can continue excavating after its permit was denied —and if the town is liable for damages — will be decided in a lawsuit the company has filed against the town, planning board and its members.
 
The suit was filed on behalf of Berkshire Concrete Corp., a subsidiary of Petricca Industries, by Jaan G. Rannik of Cohen Kinne Valicenti & Cook in Superior Court on April 13
 
Berkshire Concrete is suing for damages and wants the Planning Board's permit denial overturned.
 
The company seeks permission to operate on its entire property, and to have any future permit applications granted — unless they violate previous permit conditions and fail to fix them after formal written notice, or if the Mine Safety and Health Administration finds a public health danger requiring new restrictions.
 
It also requests that if a future renewal is denied for a violation and Berkshire Concrete disputes it or claims it didn't have time to fix, operations can continue until a  final decision is made.
 
The company claims the town breached its 1992 contract with Berkshire Concrete and the board exceeded its authority in denying the special permit. 
 
Berkshire Concrete claims that as a direct result of the town's breach of contract it suffered damages of no less than 1.9 million and will continue to incur additional damages. 
 
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