CLUB CO-OWNER INDICTED UNDER WITNESS INTIMIDATION STATUTE

The co-owner of a downtown nightclub has been indicted under the state’s witness intimidation statute for allegedly urging witnesses to destroy evidence and lying to Boston Police as they investigated a shooting outside his establishment, Suffolk County District attorney Daniel F. Conley announced today.

The Suffolk County Special Grand Jury on Friday returned a two-count indictment charging SHAWN DONOVAN (D.O.B. 1/11/80) of Billerica with allegedly lying to detectives investigating a Jan. 1 shooting outside the Revolution Rock Bar and telling a photographer who was at the club that night to destroy photographs that showed the gunman inside the club.

Each of the charges carries up to 10 years in state prison under Ch. 268, Sect. 13B, of the Massachusetts General Laws, which was enhanced in 2006 after efforts by Conley to protect witnesses to violent crime and punish those who would try to stymie investigations.

“The evidence suggests that he not only lied to police about a shooting outside his club, but also suborned others to destroy material evidence about that shooting,” Conley said. “There’s no reason a legitimate businessman would try to thwart an investigation like that. Club owners should take notice of this case – we won’t punish you for someone else’s crime, but if you try to cover it up or mislead investigators, then we’re coming down on you hard.”

Prosecutors allege that Donovan lied to Boston Police detectives when he told them he didn’t know MARIO MENDEZ (D.O.B. 1/2/76), who was later identified as the shooter, when they interviewed him in the hours and days following the shooting.

Prosecutors also allege that Donovan instructed a photographer who was taking pictures inside the club prior to the shooting to destroy any photographs of Mendez, including one that showed Donovan and Mendez together arm in arm.

Despite Donovan’s alleged efforts, Mendez was identified as the individual who fired as many as five shots at the 29-year-old victim, with whom he had argued inside the club shortly before 1:30 on the morning of Jan. 1. During the execution of a search warrant on Mendez’ Chelsea home, investigators found three loaded handguns, 99 vials of steroids, more than 900 Ecstasy tablets, and quantities of both cocaine and OxyContin. He is currently charged with assault and battery with a dangerous weapon and multiple drug offenses.

Investigators believe Donovan and Mendez were well acquainted with one another, contrary to Donovan’s statements to Boston Police.

Donovan is represented by attorney Roger Witkin. He will be arraigned in Suffolk Superior Court on Aug. 10.