TRIAL CONTINUES IN 2013 MURDER
This week marked the completion of opening statements in the double-murder trial of Maurice Morrison, 31, of Chelsea. Morrison faces two counts of first-degree murder in connection with the May 13, 2013, deaths of Zouaoui Dani-Elkebir, 52, and Karima El-Hakim, 38.
Both victims were discovered shot dead inside Dani-Elkebir’s livery vehicle on Crescent Avenue. The prosecution alleges that Morrison fired the fatal shots during a personal dispute with El-Hakim.
KNIFE ASSAULT REPORTED AT ATM
An incident on Oct. 23 brought officers to speak with a victim reporting an assault with a knife near the Bank of America ATM at Broadway and Everett Avenue. Though the victim sustained no injuries, he recounted being approached by a Hispanic male who displayed aggressive behavior.
According to the victim’s account, the suspect had been walking toward him and stopped directly in his path. The suspect inquired whether the victim had money, and when told he did not, asked what gang affiliation he claimed. The victim noted that the suspect’s demeanor grew increasingly hostile as the conversation continued. When the victim denied gang membership, the suspect became enraged, drew a folding knife, opened the blade, and held it against the victim’s abdomen. The victim believed the suspect appeared intoxicated or under the influence. Officers circulated the suspect’s description to all units and drove the victim through the area. The victim identified the two individuals entering the Las Vegas bar on Broadway. Officers apprehended the suspect inside and recovered a knife from the scene.
Florencio Reyes Pereira, 24, of 92 Fourth St., was charged with assault with a dangerous weapon.
APPEALS COURT UPHOLDS MURDER CONVICTION IN 2011 CASE
An East Boston resident convicted of fatally shooting 29-year-old Luis Paul Rodriguez in Chelsea will not receive a new trial.
On Oct. 13, the Massachusetts Appeals Court released an unpublished decision affirming the murder conviction of Jonathan Carvalho, 26. A Suffolk Superior Court jury convicted Carvalho in 2011 of second-degree murder for shooting Rodriguez, who had anticipated a fistfight.
Carvalho’s appeal argued that the trial judge made errors in jury instructions, particularly by failing to instruct jurors regarding self-defense. The appellate court determined the jury instructions contained no error.
“The defendant was not entitled to a self-defense instruction, because the evidence, viewed in the light most favorable to him, did not raise even the possibility that he used all reasonable, available means of retreat before resorting to the use of force…. There was no evidence that the defendant’s means of egress was blocked, or that he, armed with a gun, could not have simply run away from the victim’s raised fists,” the court wrote.
The court rejected Carvalho’s remaining appellate claims as well, including assertions of Miranda rights violations, challenges to prospective jurors, and objections to prosecutorial statements he claimed appealed to juror sympathy.
“We discern no error, as the prosecutor’s comments were supported by testimony and within the scope of permissible argument,” the justices stated.
Though initially charged with first-degree murder, Carvalho was convicted by a 2011 jury of the lesser charge of second-degree murder, which mandates life imprisonment with parole eligibility.
Trial evidence and testimony established that Carvalho and Rodriguez had an ongoing dispute they planned to resolve through a fistfight at a Crescent Avenue parking lot on Aug. 10, 2010. During the altercation, Carvalho produced a firearm, prompting Rodriguez to attempt escape. Carvalho shot Rodriguez in the back and fired again as the victim stumbled toward a Crescent Avenue residence. Chelsea Police detectives and State troopers from Conley’s office secured a warrant for Carvalho’s arrest that evening and, with US Marshals assistance, located him in Savannah, Ga.
Police Log
Monday, 10/17
Patricio Ramirez Pablo, 48, 19 Connecticut St. Somerville, was arrested for unlicensed operation of motor vehicle, failure to yield.
Braulio Gonzalez, 46, 124 Washington Ave., Chelsea, was arrested on a warrant.
Tuesday, 10/18
Angela DeMello, 33, Homeless of Chelsea, was arrested on a warrant.
Emir Ikanovic, 27, 38 Winthrop Rd., Everett, was arrested on a warrant.
Thursday, 10/20
Christian Garcia, 19, 3 Park Rd., Everett, was arrested on a warrant.
Sunday, 10/23
Florencio Reyes Pereira, 24, 92 Fourth St., Chelsea, was arrested for assault with a dangerous weapon.