Fourteen-year-old Nicholas Fomby-Davis’ innocent ride around the block turned deadly when two alleged gang associates ambushed him and shot him dead in an apparent case of mistaken identity, Suffolk County District Attorney Daniel F. Conley said.

Speaking at the Superior Court arraignment of the teen’s alleged killers, JOSHUA FERNANDES (D.O.B. 8/8/93) and CRISOSTOMO LOPES (D.O.B. 2/27/90), Assistant District attorney Patrick Haggan said the slain boy “had absolutely no gang affiliation or involvement of any kind in street gangs or disputes.”

The pair shot the Dearborn School eighth grader “likely believing him to be someone else,” Haggan said.

Haggan told the court that Fomby-Davis was riding on the back of a motorized scooter driven by a relative near his Dorchester home at about 7:00 on the evening of May 30. While they were on Olney Street, Haggan said, a man on a bike – later identified as Lopes – came across the street and was almost accidentally struck by the scooter. The operator of the scooter was able to stop before hitting Lopes, and the two parted ways without a word. With Fomby-Davis as his passenger, the scooter operator returned to the victim’s home on Norton Street, Haggan said.

“With the permission of the relative, 14-year-old Nicholas Fomby-Davis then left his home alone on the scooter to drive it around the block,” Haggan told the court.

At around 7:45, an off-duty, plainclothes Boston Police officer who had just finished a shift was driving down Bowdoin Street in his personal vehicle, Haggan said. As the officer approached the intersection of Bowdoin and Olney streets, he observed the defendants – described as “associates of a local street gang” – together on the sidewalk, Haggan told the court.

“He observed the defendants crouching down and looking intensely and pointing in the direction of Olney Street,” Haggan said. The officer also saw Fernandes keeping his hand in his pocket, as if holding something.

“Based upon these observations and believing that the defendants may be preparing to engage in criminal activity, the officer pulled his personal vehicle over to the side of the street and parked a short distance away,” Haggan told the court.

As the plainclothes officer watched the two defendants, the victim was riding alone on the scooter down Olney Street.

“As the scooter entered the intersection with Bowdoin Street, Lopes and Fernandes ran into the street and blocked the victim’s path,” Haggan said. “The officer observed Lopes grab hold of the victim by the shoulder and hold onto the victim while extending his own arms and facing the victim towards Fernandes.”

It was then that Fernandes fired three rounds from a .25 caliber semiautomatic handgun at the victim, Haggan told the court. Two of the shots struck the victim, once in the leg and once in the left side of the chest.

Mortally wounded, the victim managed to accelerate the scooter briefly towards the sidewalk, where it tipped over, Haggan said. The victim got up and ran across the street before collapsing inside of a convenience store. The gunshot wound to the side of his chest perforated his heart and lungs. Despite the quick arrival of emergency medical personnel, Fomby-Davis was pronounced dead at Boston Medical Center later that evening.

In the immediate aftermath of the shooting, the off-duty police officer got out of his car, drew his department-issued firearm, and ordered Fernandes to drop the firearm. Ignoring that command, Fernandes allegedly placed the gun in his pocket and ran towards Norton Street. Lopes got on his bike and fled in the opposite direction, Haggan told the court.

While the off-duty police officer called for backup, two on-duty Boston Police officers who were nearby and had heard gunshots responded to the scene and chased Fernandes as he ran to the area of Norton and Stonehurst streets. He was apprehended after trying to hide behind a parked car, and was taken into custody. A subsequent search of the area beneath the parked car yielded a .25 caliber firearm with two rounds in the magazine, which was tested by the Boston Police Firearms Analysis Unit and determined to be the same weapon that killed Fomby-Davis.

As Fernandes was being placed into custody, Haggan said, Lopes came around the corner. Recognizing him as the other man who participated in the murder, the off-duty police officer ordered him to the ground at gunpoint. Lopes then allegedly threatened the officer.

Following their arrests, both defendants gave post-Miranda statements to police, Haggan said, and both admitted to being in the area at the time the shooting occurred.

A swab test of Fernandes’ hands was sent to the Massachusetts State Police Crime Laboratory and tested positive for the presence of gunshot residue.

Suffolk Superior Court Clerk Magistrate Connie Wong ordered that both defendants remain held without bail pending their trial, currently scheduled for July 11, 2011.

Kara Hayes is the DA’s assigned victim-witness advocate. Fernandes is represented by attorney John Palmer and Lopes by attorney Christopher Belezos. Both will return to court on Aug. 3.