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Two Men Found Guilty of Charges in October Mountain Shooting

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PITTSFIELD, Mass. — Two Pittsfield men have been found guilty of charges related to the shooting of Nicholas Carnevale on Aug. 21, 2018, at a party at the Ashley Reservoir on October Mountain.
 
Kevin Nieves, 22, and Daquan Douglas, 28, were found guilty by a Berkshire Superior Court jury after a two-week trial but not of armed assault with intent to murder, which they had been charged with originally. 
 
The jury found Nieves guilty of assault and battery by means of a dangerous weapon causing serious bodily harm, assault and battery by means of a dangerous weapon, armed kidnapping with serious bodily injury, two counts of assault and battery, and a single count of malicious damage to a motor vehicle. The jury found Douglas guilty only of misleading a police officer.
 
Nieves and Douglas are two of four accused of attacking then 19-year-old Carnevale, of Cheshire, which included pulling him from a vehicle, assaulting him, and then shooting him in the head. Douglas lied to police during the investigation. The cases against co-defendants Christopher Frazier and Luis Delvalle-Rodriguez related to the shooting are still pending.
 
Carnevale was critically injured in the attack. 
 
"I am truly in awe of Nick's strength during his long and difficult recovery from the injuries he sustained that night. He is an inspiration to our entire community, and I look forward to hearing about and seeing every milestone in his continued fight," District Attorney Andrea Harrington said.
 
"I thank the jury for their thoughtful consideration of the facts presented at trial. It is difficult for people to take two weeks away from their work, life, kids, and family to serve on a jury, but that service is the most important part of a fair justice system. I thank the State Police for their investigation into this horrific shooting and I am proud of my team for their comprehensive presentation of the facts for the jury to decide."
 
Judge John Agostini scheduled sentencing for Thursday at 10 a.m.

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Pittsfield Council to See 2-Year Moratorium on Data Centers

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The City Council will consider a two-year data center moratorium from the Community Development Board. 

The board endorsed the moratorium on Tuesday; it had previously voted to become the petitioner. 

"I still think that it is a necessary, proactive, responsible measure by the city in order to take some time to assess the potential impacts of these improvements on Pittsfield and on the county, and make sure that we understand these systems and create some really truly responsible regulations that take into account all the different aspects of this technology," City Planner Kevin Rayner said. 

The petition would amend City Code Chapter 23 and create Article 23-4 Section 4.332, "Data Center, Temporary Moratorium." 

Last month, Gov. Maura Healey signed an executive order that gives municipalities the power to say "no" to data centers, and earlier this year, Ward 1 Councilor Kenneth Warren petitioned to explore implementing a moratorium on the establishment and siting of data centers.

Based on web results, there are as many as 75 data centers or projects in Massachusetts, none in Berkshire County. 

Rayner explained that he brought forward the same petition as before; it was sent to the council and then back to the board for a public hearing as part of the zoning amendment process. 

It defines a data center as a building or group of buildings where the primary use is to house computer systems, servers, data storage equipment, networking equipment, and associated infrastructure necessary for the processing, storage, and distribution of data and digital applications. 

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