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 Families Frustrated Over Unreleased PHS Report, Herberg Slur Incident

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — Parents are expressing their frustration with hate speech, bullying, and staff misconduct, which they said happens in Pittsfield schools. 

Community members and some elected officials have consistently advocated for the release of the redacted Pittsfield High School investigation report, and a teacher being placed on leave for allegedly repeating racist and homophobic slurs sparked a community conversation about how Pittsfield Public Schools can address injustices. 

The district's human resources director detailed the investigation processes during last week's School Committee meeting.

"People are angry. They feel like when they spoke up about Morningside School, it was closed anyway. They feel like they speak up about the PHS report, and that's just kind of getting shoved under the rug," resident Brenda Coddington said during public comment.

"I mean, when do people who actually voted for all of you, by the way, when does their voice and opinion count and matter? Because you can sit up here all day long and say that it does, but your actions, or rather lack of action, speak volumes."

Last month, School Committee member Ciara Batory demanded a date for the 2025 report's release to the public.

Three administrators and two teachers, past and present, were investigated by Bulkley Richardson and Gelinas LLP for a range of allegations that surfaced or re-surfaced at the end of 2024 after Pittsfield High's former dean of students was arrested and charged by the U.S. Attorney's Office for allegedly conspiring to traffic large quantities of cocaine in Western Massachusetts.

Executive summaries were released that concluded the claims of inappropriate conduct between teachers and students were "unsupported." Ward 7 Councilor Katherine Moody countered one of the unsupported determinations, writing on Facebook last week that she knows one person can conclude with confidence and a court case that pictures of the staff member's genitalia was sent to minors. 

"During this investigation, we sought to determine the validity of allegations about PHS Administrator #2 sharing a photograph of female genitalia with PHS students on her Snapchat account," the final executive summary reads. 

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