Off-Duty Officer Charged with Assaulting Two

BOSTON, Dec. 12, 2013—An off-duty Boston Police officer was arraigned today on charges that he pointed a loaded firearm at two people while intoxicated last night, Suffolk County District Attorney Daniel F. Conley said.

SANDRO FONSECA, 30, of Roxbury was arraigned in Roxbury District Court today on two counts of assault with a dangerous weapon and one count of carrying a firearm while intoxicated. Assistant District Attorney Dana Pierce recommended $5000 cash bail and orders that he surrender his firearms, stay away from the victims and any witnesses, remain drug- and alcohol-free during the pendency of the case, undergo evaluation for drug and alcohol dependency and seek treatment as deemed necessary, and comply with the recommendations of Boston Police stress counselors. Judge Pamela Dashiell granted those recommendations.

Boston Police were called to the area of Forest Street just before 10:00 last night for a report of a man with a gun. During interviews that followed, an adult male victim who is disabled told officers that a man with a gun ran up to him. The victim said the man had broken off from two other men on the street and first had the gun pointed downward and then directly at him, asking what he was doing and what he was saying.

The victim was on the phone with an adult female, who heard the male victim say something about a gun. That female came outside to find the men, one of whom downplayed the incident and said their friend was drunk. At about that point, she said, one of the men – later identified as Fonseca – pointed a gun at her before entering a nearby building. She then called police, describing the assailant’s gun as having a laser sight.

Boston Police responded to the area and immediately heard loud arguing from Fonseca’s door. They knocked and Fonseca allegedly opened the door with a radio in his hand, speaking incoherently. Officers pat-frisked him and dislodged a .380 caliber Smith and Wesson Bodyguard handgun from his waistband. The weapon was outfitted with a laser sight.

Fonseca was legally permitted to own and carry the firearm, which was not his service weapon.

Fonseca was represented today by attorney Kenneth Anderson. He will return to court on Feb. 3.

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