JAIL TERM FOR TEEN WHO TOSSED LOADED GUN NEAR SCHOOL

A Dorchester teen will serve at least a year and a half – and possibly as many as three and a half years – in jail following his conviction this week for unlawful possession of a loaded firearm he later tossed under a car near Pope John Paul II Academy in Dorchester, Suffolk County District Attorney Daniel F. Conley announced.

After deliberating for less than an hour, a Boston Municipal Court jury on Tuesday found BENJAMIN BROWN (D.O.B. 8/30/91) guilty of unlawful possession of a firearm, unlawful possession of ammunition, and carrying a loaded firearm. Assistant District Attorney Benjamin Goldberger of Conley’s Gun Prosecution Task Force recommended that he serve two years behind bars for the gun charge followed by two and a half years on the loaded firearm charge, with one year to serve and the balance suspended for a five year probationary term.

Judge Annette Forde sentenced Brown to 18 months for the gun and two years for the loaded weapon charge, with the latter sentence suspended for four years. If Brown complies with the judge’s orders and does not re-offend during that four-year period, he will not have to serve the additional two years. If he does not comply with those orders, he could be ordered to do so.

Following the completion of his 18-month jail sentence, Brown will be placed on a GPS monitoring system for the first year of probation. He was ordered to stay away from the Pope John Paul II Academy, and a second area of Dorchester that includes Mother’s Rest Park.

“Every gun conviction takes a potential shooter off the street,” Conley said. “Every shooting conviction takes a potential killer off the street. Too many people, young and old, have been the intended and unintended victims of deadly violence for us to take these offenses lightly.”

During a two-day jury trial, Goldberger proved that Boston Police officers assigned to the Youth Violence Strike Force were driving on Neponset Avenue on June 2 when they saw Brown walking on the sidewalk. Recognizing Brown from prior interactions, they stopped to talk to him.

When the officers exited the vehicle to talk to Brown, they observed him bending down behind a parked car. When an officer approached him, Brown stood up from a crouch with his right hand empty, but extended, near the underside of the vehicle.

When that officer dropped to the ground to look underneath the vehicle, he saw a Smith & Wesson revolver. Officers testified in court that the firearm was loaded with two rounds of ammunition.

On Aug. 26, Brown’s brother, DAISHAWN BROWN (D.O.B. 5/21/89) pleaded guilty to the same offenses after his March 31 for stashing a loaded gun in a trash barrel at Mother’s Rest Park. He was sentenced to serve 18 months behind bars followed by one year of probation.

Both Benjamin and Daishawn Brown were convicted in the Gun Priority Disposition Session, a specialized set of proceedings known as “Gun Court” dedicated to the rapid prosecution of gun possession cases. Since its inception in 2006, Gun Court has been the venue for more than 500 firearms possession cases; it has reduced the average length from arraignment to disposition from longer than a year to less than six months while maintaining a conviction rate of about 86%.

Brown was represented by attorney Mark Booker.