SECOND SUSPECT CHARGED IN NOVEMBER ARMED ROBBERY

A Roxbury man was held on high bail today following his arrest near the Rhode Island border for a violent November robbery that left one victim with a head injury and a twice-convicted killer behind bars, Suffolk County District Attorney Daniel F. Conley said.

MARVIN SMITH (D.O.B. 3/14/56) was arraigned in the Boston Municipal Court today as the second assailant in the Nov. 9, 2009, armed robbery of the Boston Cab Company on Kilmarnock Street. He was arrested in Blackstone last night after Boston Police criminalists recovered biological evidence from a discarded baseball cap at the scene and entered it into a DNA database.

Smith is charged with armed robbery while masked, two counts of assault and battery with a dangerous weapon, three counts of assault with a dangerous weapon, unlawful possession of a firearm, unlawful possession of ammunition, and possession of a firearm during the commission of a felony. Assistant District Attorney Philip O’Brien recommended that he be held on $200,000 cash bail; Judge Edward Redd set bail at $65,000.

Smith and GERALD HILL (D.O.B. 11/2/62) allegedly entered the cab company’s office at about 9:50 a.m. after arriving in a white Honda Accord that had been stolen in Newton on Nov. 5.

The assailants brandished firearms and told an employee not to move. One of the assailants struck the employee in the head with his gun and forced him into a back room where other employees were counting money.

While holding the employees at gunpoint, the defendants allegedly stuffed the money into bags and fled the scene. When they found their getaway car blocked by a truck, one of them pointed a gun at the driver and told him to move.

The men left the scene in the Honda and abandoned it near Boylston and Ipswich streets. A Boston Police officer working a paid detail nearby heard the radio call for an armed robbery responded to the area, saw a man matching the general description of one of the assailants – later identified as Hill – get into a cab with two bags, and followed the vehicle with other officers.

Hill was apprehended a short time later. He is represented by attorney Greg St. Cyr and will return to Suffolk Superior Court on Sept. 29. The second assailant, alleged to be Smith, made good his escape and remained at large until last night. He was represented by attorney Bruce Carroll and will return to the BMC on Oct. 13.

Prosecutors said at earlier proceedings that Hill had previously been convicted of two homicides: the Oct. 22, 1977, stabbing death of Leo Murphy in Boston’s South End and the Feb. 10, 1978, shooting death of Max Fishman in West Roxbury, which took place while Hill was free on bail in the earlier homicide.

He was paroled on Sept. 3, 2009. Suffolk prosecutors had repeatedly argued against his early release.