High Bail, Strict Conditions of Release in Weekend Gun Offenses

BOSTON, May 7, 2013—Suffolk prosecutors obtained high bail and strict conditions of release for three men arraigned on separate gun charges yesterday in Dorchester District Court, Suffolk County District Attorney Daniel F. Conley said today.

“Every gun arrest averts a potential shooting,” Conley said. “We’re taking firearms off the street, but just as importantly we’re those who carry and use them off the street, too. These are cases of vital importance to the community because they involve individuals who spread fear and violence in our neighborhoods.”

KASHAWN STEPHEN (D.O.B. 2/1/91) of Dorchester was charged with unlawful possession of a firearm, unlawful possession of ammunition, and carrying a loaded firearm.  Stephen was additionally charged as a Level 1 Armed Career Criminal and has an open case in the Suffolk County Gun Court in which he faces earlier gun charges stemming from a 2010 arrest.

Assistant District Attorney Darcy Kofol requested Stephen be held on $200,000 bail and that his bail on the open case be revoked.  Judge Mary Ann Driscoll set bail at $25,000 and denied the motion to revoke, but ordered him held without bail for allegedly violating the terms of his probation on an unrelated larceny case.

Stephen was arrested shortly before 1:00 a.m. Saturday after Boston Police discovered a Colt .38 Police Special in his pocket during a pat frisk.  Stephen was the passenger in a vehicle that was pulled over after the driver failed to stop at a stop sign at the intersection of Millet Street and Talbot Avenue; the officers who made the stop learned through their mobile data terminal that Stephen and the driver both had prior firearms arrests.

ROBERT GERVET (D.O.B. 11/21/90) of Randolph was arraigned on possession with intent to distribute a Class B substance, trespassing, unlawful possession of a firearm as a second offense, unlawful possession of ammunition, and carrying a loaded firearm.

Gervet was previously convicted of illegal firearm possession in 2011. Kofol requested he be held on $200,000 bail and the conditions that he wear a GPS monitoring device, abide by a curfew, and stay away from Castlegate Road if he posts that amount.  Judge Robert N. Tochka set bail at $20,000 and imposed the requested conditions.

Boston Police officers arrested Gervet on Blue Hill Avenue shortly before 7:30 p.m. Friday after a brief foot chase.  Officers initially approached him as he and another man walked on Washington Street after observing that Gervet appeared hyper-vigilant and walked with unnaturally stiff arms – signs they recognized from their training as characteristics of an armed gunman. When the officers asked to speak to the men and exited their unmarked cruiser, Gervet allegedly grabbed the right side of his waistband and fled on foot, making his way through an area clearly marked with “No Trespassing” signs, prosecutors said.

Officers apprehended Gervet and recovered a Browning semi-automatic 9mm handgun and a plastic bag containing 15 individually-wrapped bags of suspected crack cocaine along Gervet’s path of flight, prosecutors said.

Finally, JOSEPH DOZIER (D.O.B. 10/28/95) of Dorchester faced charges of unlawful possession of a firearm, unlawful possession of ammunition, carrying a loaded firearm, and possession of a firearm with a defaced serial number. Kofol requested $50,000 bail, GPS monitoring, a curfew, and orders to stay away from Wainwright Park.  Tochka set bail at $7,500.

Shortly after 10:00 Friday night, officers on patrol in the area of Wainwright Park observed Dozier with a group of people inside the park, taking particular note of the fact that he quickly walked away and repeatedly looked over his shoulder after noticing police approaching.  After catching up with Dozier, officers engaged him in a conversation in which Dozier allegedly stated that he had a BB gun in his pocket.

The officers removed the item from his pocket and found it to be a Bersa Thunder .380 caliber semiautomatic firearm loaded with five live rounds in the magazine and one live round in the chamber. Dozier made post-Miranda statements that he had just traded a pair of sneakers for the firearm, which he claimed he didn’t believe to be real.

“I really thought it was a BB gun,” he allegedly said.

Stephen was represented at arraignment by Stephanie Soriano-Mills.  Dozier was represented by Daniel Dilorati.  Gervet was represented by the Committee for Public Counsel Services. Dozier is expected to appear in court June 3.  Stephen and Gervet will each return to court June 4.

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