Superior Court Briefs: Motor Vehicle Homicide, Armed Robbery, Assault

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Driver in 2023 Fatal Crash Guilty of Vehicular Homicide
 
Gilberto Franciapena, 31, pleaded guilty on Dec. 12 to negligent motor vehicle homicide in a fatal incident in 2023.
 
The defendant was sentenced to two years' probation, a loss of license for 15 years, and 100 hours of community service. The commonwealth requested a two-year suspended sentence and loss of license for 15 years.
 
Franciapena was eastbound on the Massachusetts Turnpike at about 8 a.m. on April 20, 2023, when the red 2011 Chevrolet Tahoe he was driving flipped at about the 1.8-mile marker in West Stockbridge. 
 
There were five occupants in the vehicle. Four of the occupants, including Franciapena, were transported to Berkshire Medical Center in Pittsfield. They were treated and released. The fifth individual, Marco Tulio Rivera Claros, 38, was pronounced dead at the scene. 
 
The men were reportedly traveling from New York State on their way to a drywall job in Becket and would have gotten off on the next exit. Police say Franciapena was not impaired at the time of the collision. He was initially cited for motor vehicle homicide by negligent operation, crossing marked lanes and negligent operation of a motor vehicle.
 
Assistant District Attorney Johnathen Moffat represented the commonwealth with support from Joseph Yorlano, chief of the Motor Vehicle Homicide Unit.
 
 
North Adams Man Sentenced in Cumberland Farms Robbery
 
Joshua E. Piantoni, 42, was sentenced to seven years in state prison by Judge John Agostini for the armed robbery last year of the Cumberland Farms in Williamstown.
 
The Whittlesey Avenue pleaded guilty on Nov. 20 to five charges including armed robbery and assault with a dangerous weapon.
 
Piantoni drove a four-wheeler up to the convenience store on Main Street on the morning of Sept. 27, 2023, pointed a gun at the clerk and demanded money. The clerk handed him $259 and Piantoni fled on his four-wheeler toward his home in North Adams. 
 
Officers intercepted him when he was crossing Ashton Avenue and recovered the stolen money and a BB gun from his person.
 
Piantoni was charged with armed robbery, assault with a dangerous weapon, operating a motor vehicle with a suspended license, an unregistered motor vehicle, and operating a recreational vehicle on a public way.
 
He was sentenced to four to seven years on the armed robbery and four to five on the dangerous weapon, to be served concurrently in state prison, and 10 days in the House of Correction on the suspended license, also concurrent. 
 
Assistant District Attorney Rachael Eramo represented the commonwealth with support from Assistant District Attorney Amy Winston.
 
 
Pittsfield Man Gets Four Years on Multiple Charges
 
Tyrone Jones, 38, of Maplewood Ave, was sentenced on Dec. 11 to up to four years in state prison on charges ranging from larceny to assault to animal abuse.
 
He pleaded guilty on Dec. 10 to five charges related to an incident last year. He was found not guilty by a jury on a sixth charge of trafficking cocaine
 
Jones became violent on Oct. 14, 2023, in a residence he shared with the victim in the case. He assaulted the victim, kicked a dog belonging to the victim, and destroyed the inside of the house. After the assault and destruction of property, he stole the victim's car.
 
He was sentenced to 18 months to four years in state prison on the charges of assault, assualt on a household member, animal cruelty, vandalism and larceny of a motor vehicle and six months in the House of Correction on a charge of larceny under $1,200, all to be served concurrently.
 
Assistant District Attorney Amy Winston represented the commonwealth.
 
 
 

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Pittsfield Cannabis Cultivator Plans Dispensary

By Brittany PolitoiBerkshires Staff

PITTSFIELD. Mass. — A cannabis cultivator and manufacturer has opted to sell its products on site in Downing Parkway. 

The Zoning Board of Appeals this month approved a special permit for J-B.A.M. Inc. to operate a dispensary out of its existing grow facility. There will only be changes to the interior of 71 Downing Parkway, as there will be less than 500 square feet of retail space in the 20,000-square-foot building. 

"My only concern would be the impact, and really would be traffic, which I don't think is excessive, the odor, if there was one, but that doesn't seem to be an issue, and I think it's a good location for a marijuana facility," board member Thomas Goggins said. 

The company's indoor cultivation site plan was approved in 2019, an amendment to add manufacturing and processing in 2021, and on the prior day, a new site plan to add a retail dispensary was approved by the Community Development Board. 

J-B.A.M. cannabis products are available in local dispensaries. 

The interior of the facility will be divided to accommodate an enclosed check-in area, front entrance, retail lobby, secure storage room, offices, and two bathrooms. There are 27 parking spaces for the facility, which is sufficient for the use. 

No medical or recreational cannabis uses are permitted within 500 feet of a school or daycare, a setback that is met, and the space is within an industrial park at the end of a cul-de-sac. 

"The applicant desires the restructuring of the business to be more competitive in the industry with the ability to grow and sell their own cannabis products so they have more financial stability," Chair Albert Ingegni III, read from the application. 

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