Guilty Verdict in Retaliatory Shooting That Killed Innocent Man

A Hyde Park man was convicted of first-degree murder today for his role in the 2007 shooting death of 21-year-old Fausto Sanchez in what prosecutors called retaliation for a prior shooting Sanchez had no part in, Suffolk County District Attorney Daniel F. Conley said.

A Suffolk Superior Court jury additionally found JOSEPH GOMES (D.O.B. 4/20/67) guilty of four counts of armed assault with intent to murder, two counts of assault with a dangerous weapon, and single counts of assault and battery with a dangerous weapon and aggravated assault and battery with a dangerous weapon. Those charges stem from the non-fatal shootings of two men who were standing near Sanchez when he was shot, as well as shots fired at two other men who were not hit.

Jurors acquitted Gomes of two counts each of armed assault with intent to murder and assault with a dangerous weapon. Prosecutors had argued that two more men had been fired upon but were not hit in the Feb. 13, 2007, incident.

Gomes faces a mandatory life term without the possibility of parole when he is sentenced later this month.

The verdict came after almost four weeks of testimony in which Suffolk prosecutors argued that Gomes and his nephew, EMMANUEL DASILVA (D.O.B. 10/24/84), were bent on retaliation for shots fired near the Gomes and Dasilva family home earlier that day. When Gomes heard about the shooting and arrived a short time later, he became so enraged that Boston Police had to physically take him from the scene.

Assistant District Attorneys Gretchen Lundgren and Julie Higgins argued that the defendants were looking for a man they believed responsible for that shooting when they spotted Sanchez and six other men in an impromptu meeting on Maywood Street at about 6:00 p.m.

“The evidence is clear: Fausto Sanchez had no part in the dispute that led to his own death,” Conley said. “His only connection to that violence was to be a victim of it.”

Evidence and testimony proved that Gomes was behind the wheel of the silver 2006 Chevrolet Impala when he approached that group, came to a quick stop, and lowered the window for a volley of shots that killed Sanchez, seriously wounded two more, and sent four others running.

Gomes sped away from the scene but was stopped minutes later about a block away by a Boston Police detective who had heard a description of the suspect vehicle provided by witnesses. When Gomes and Dasilva exited the vehicle, investigators recovered six spent shell casings inside, including two on the front passenger’s seat. Those casings were ballistically matched to a casing found at the scene.

The two were arrested on the spot and charged with murder later that night, but the investigation continued on the street and behind the closed doors of the Suffolk County Grand Jury for an additional three months before the men were indicted for Sanchez’ murder.

Gomes and Dasilva went to trial together on Nov. 15. Their cases were severed on Dec. 1, when Dasilva’s attorney took ill and his case was declared a mistrial. His case will start anew at a later date.

Jennifer Sears was the DA’s assigned victim-witness advocate. Gomes was represented by attorney Larry Tipton. Judge Raymond Brassard will sentence him in courtroom 815 of Suffolk Superior Court on Dec. 22.