BOSTON, June 29, 2015—The Massachusetts Appeals Court today reversed a municipal court decision suppressing firearm evidence found on a man who fled from a moving vehicle as Boston Police attempted to conduct a traffic stop, Suffolk County District Attorney Daniel F. Conley said.

Today’s decision reverses a Dorchester Municipal Court judge’s order that would effectively have ended the case against EDDY G. TEIXEIRA-FURTADO (D.O.B.10/17/90), charged with unlawful possession of a firearm, unlawful possession of ammunition, and carrying a loaded firearm following his November 23, 2012, arrest as he fled from a moving vehicle that Boston Police officers had attempted to stop for speeding.  

The Appeals Court justices found “fundamental flaws” in the judge’s ruling that Boston Police were unjustified in stopping the motor vehicle in which Teixeira-Furtado was a passenger for traveling at an unreasonable speed, basing the decision on the absence of an estimate of the vehicle’s speed.  In finding the stop unreasonable, the judge suppressed evidence discovered as a result.  The appeals court justices, however, ordered that the matter be re-assessed with consideration given to additional factors – such as the residential neighborhood where the car was traveling and its proximity to  a park and numerous children – in order to determine whether officers had reasonable suspicion to stop the car.

“Rather than just one isolated factor, i.e., miles per hour as a number standing alone, the case law makes clear that the totality of the full panoply of other factors under [the statute] must be taken into account, even with respect to the statute coming into play at a criminal trial – where proof beyond a reasonable doubt is required, in contrast to reasonable suspicion, as in this case – rather than consideration being limited to a specific speedometer reading of miles per hour or a specific distance traveled at unreasonable speed. Indeed, the statute focuses on the reasonableness and propriety of the speed, ‘having regard to traffic and the use of the way and the safety of the public,’” the justices wrote.

Boston Police officers assigned to the department’s gang unit were patrolling in the area of Bowdoin and Washington streets on the evening of Nov. 23, 2012, when they observed a known gang member operating a Honda Accord with Teixeira in the passenger seat.  The vehicle stopped and both men were observed entering a pizza shop.

Approximately 15 minutes later, officers observed the same vehicle occupied by the two individuals as it traveled on Mount Ida Road at a high rate of speed for the residential neighborhood.  After activating their cruiser’s blue lights, the vehicle continued to drive for another block before slowing.

Teixeira-Furtado then fled from the moving Accord and ran toward the cruiser.  He then turned around, then turned back toward the cruiser again, and finally ran across the street while grabbing at his waist – an action officers recognized from their training and experience as characteristic of an armed gunman.

Teixeira-Furtado was captured after a brief foot chase and found to be in possession of a loaded firearm.

Assistant District Attorneys Sarah Lewis and Helle Sachse, both of the DA’s Appellate Unit, argued the case on appeal.  Teixeira-Furtado was represented by Margaret Camilla Barusch and Rebecca Kiley.  The case returns to the Suffolk County Gun Court Aug. 3.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.