blindndead
NES Member
NEW BEDFORD — A New Bedford man charged with firing several gun shots in a West End neighborhood in February will spend at least 90 days in jail, a Superior Court judge ruled Tuesday after a two-day dangerousness hearing.
Bristol County District Attorney C. Samuel Sutter handled the dangerousness hearing against Shea A. Nunes, 28, of 12 Tallman St., New Bedford. Police said Mr. Nunes fired a .40-caliber semiautomatic Glock handgun in the Brickenwoods Housing Complex on Feb. 28. No one was injured.
Calling on four police witnesses over two days, Mr. Sutter argued Mr. Nunes posed a danger to the community. He said there was clear and convincing evidence that the alleged gun crimes Mr. Nunes committed made him inherently dangerous to anyone he encounters in the community. Superior Court Judge Robert C. Rufo agreed, saying he could find "no condition of release that would reasonably assure the safety of the community."
Mr. Sutter was pleased with Judge Rufo's ruling.
"The message I am sending out by personally handling some of these dangerousness hearings is loud and clear and consistent: the use of illegal guns in Bristol County will not be tolerated," he said.
Since taking office in January, Mr. Sutter has aggressively used the state's dangerousness statute to keep defendants charged with possessing or using illegal guns in jail while they wait for trial. The statute requires the DA bring the defendants to trial within 90 days of a dangerousness hearing.
Mr. Sutter's office has successfully argued 24 of 28 illegal gun dangerousness hearings since January. Three initial victories were later overturned in the Superior Court.
During his closing statements Tuesday, Mr. Sutter said many judges across the county have agreed with his interpretation of the dangerousness statute, and noted that Superior Court justices Frances McIntyre and David McLaughlin have upheld lower court rulings.
Mr. Sutter said he chose to handle Mr. Nunes's hearing to emphasize the precedent his office has set with its utilization of the dangerousness statute.
"I will say over and over again that one of the main ways to tackle the illegal gun issue is to get much tougher on the enforcement end," he said.
"I promise that we will do what we can to make sure that people who are using illegal firearms are held in jail from the time of their arrest and then are sentenced to serve a long time behind bars."
90 day's is a long time???????? WHAT!!!!!!!
http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20070606/NEWS/706060356/1011/TOWN10
Bristol County District Attorney C. Samuel Sutter handled the dangerousness hearing against Shea A. Nunes, 28, of 12 Tallman St., New Bedford. Police said Mr. Nunes fired a .40-caliber semiautomatic Glock handgun in the Brickenwoods Housing Complex on Feb. 28. No one was injured.
Calling on four police witnesses over two days, Mr. Sutter argued Mr. Nunes posed a danger to the community. He said there was clear and convincing evidence that the alleged gun crimes Mr. Nunes committed made him inherently dangerous to anyone he encounters in the community. Superior Court Judge Robert C. Rufo agreed, saying he could find "no condition of release that would reasonably assure the safety of the community."
Mr. Sutter was pleased with Judge Rufo's ruling.
"The message I am sending out by personally handling some of these dangerousness hearings is loud and clear and consistent: the use of illegal guns in Bristol County will not be tolerated," he said.
Since taking office in January, Mr. Sutter has aggressively used the state's dangerousness statute to keep defendants charged with possessing or using illegal guns in jail while they wait for trial. The statute requires the DA bring the defendants to trial within 90 days of a dangerousness hearing.
Mr. Sutter's office has successfully argued 24 of 28 illegal gun dangerousness hearings since January. Three initial victories were later overturned in the Superior Court.
During his closing statements Tuesday, Mr. Sutter said many judges across the county have agreed with his interpretation of the dangerousness statute, and noted that Superior Court justices Frances McIntyre and David McLaughlin have upheld lower court rulings.
Mr. Sutter said he chose to handle Mr. Nunes's hearing to emphasize the precedent his office has set with its utilization of the dangerousness statute.
"I will say over and over again that one of the main ways to tackle the illegal gun issue is to get much tougher on the enforcement end," he said.
"I promise that we will do what we can to make sure that people who are using illegal firearms are held in jail from the time of their arrest and then are sentenced to serve a long time behind bars."
90 day's is a long time???????? WHAT!!!!!!!
http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20070606/NEWS/706060356/1011/TOWN10