CLUB OWNER PLEADS GUILTY UNDER INTIMIDATION STATUTE

The co-owner of a downtown nightclub last week admitted to urging witnesses to destroy evidence and lying to police as they investigated a shooting outside his establishment early on New Year’s Day, Suffolk County District attorney Daniel F. Conley said today.

SHAWN DONOVAN (D.O.B. 1/11/80) of Billerica on Friday pleaded guilty to two felony counts covered under the state’s witness intimidation statute. Suffolk prosecutors sought a 2½-year sentence in the House of Correction with one year to serve and the balance suspended for a three-year probationary term, along with drug dependency evaluation, treatment, and testing. Suffolk Superior Court Judge Carol Ball sentenced him to a one-year sentence suspended for one year.

If Donovan does not reoffend during his probationary term, he will not face jail time. If he does reoffend, he could be ordered to serve the one-year sentence. In addition to facing that potential jail time, Donovan now has two felony convictions on his criminal record, making him ineligible to own a licensed premise in the City of Boston.

Had the case proceeded to trial, Assistant District Attorney Megan O’Rourke would have introduced evidence and testimony to show that Donovan knew the identity of a gunman who opened fire and shot a man outside the Revolution Rock Bar on High Street in the early morning hours of Jan. 1.

O’Rourke would have proven 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 alleged shooter, when they interviewed him in the hours and days following the shooting.

O’Rourke would also have proven 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.

Both offenses are covered under Chapter 268, Section 13B, of the Massachusetts General Laws. That statute provides criminal penalties for any person who willfully misleads a police investigator or harasses a potential witness “with the intent to impede, obstruct, delay, harm, punish or otherwise interfere thereby with a criminal investigation.”

Boston Police detectives undertook a round-the-clock investigation of the shooting in the days that followed, even posting portions of the incident online in a bid to reach anyone who could identify the individual who fired as many as five shots at a 29-year-old man, hitting him once.

Despite Donovan’s efforts, detectives soon identified Mendez as the gunman and learned that he had argued with the victim inside the club prior to the shooting. 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.

Donovan was represented by attorney Roger Witkin.