SUBSTANCE ABUSE TREATMENT AND COMMUNITY SERVICE ORDERED FOR MISSION HILL BREAK-IN SUSPECTS

Two Celtics fans who broke into a Mission Hill apartment while drunk this summer were ordered to partake in a substance abuse program and perform community service after a district court judge continued their cases without a finding for a year last week, Suffolk County District Attorney Daniel F. Conley said.

Suffolk County prosecutors had sought criminal convictions and two years of supervised probation for PATRICK DIAMOND (D.O.B. 11/6/91) of Greenwich, Connecticut, and DANIEL SPILLAINE (D.O.B. 2/27/91) of Marblehead, both charged with breaking and entering at night with intent to commit a felony. Only Spillane was actually present inside the apartment; Diamond, who waited near the fire escape from which Spillane entered the residence, was charged as a joint venturer.

At a hearing Friday in West Roxbury District Court, Assistant District Attorney Christopher Meade also asked that both defendants perform 40 hours of community service, undergo substance abuse evaluation and treatment, remain drug- and alcohol-free, and stay away from the victims.

After the two admitted to facts sufficient for a guilty finding, Judge Thomas C. Horgan continued their cases without a finding for a probationary period of one year, ordering both defendants to apologize to the victims, perform 25 hours of community service each, and take part in a substance abuse program. If the program is not at least one year long, Horgan ordered, the men must attend Alcoholics Anonymous or Narcotics Anonymous meetings twice per week for the remainder of the year.

If Diamond and Spillaine abide by those conditions and do not reoffend, their cases will be dismissed in one year. If they do not abide by those conditions or reoffend in any way, the case could be put back on track for trial.

Had the case proceeded to trial, Meade would have introduced evidence and testimony to prove that Boston Police were responding to multiple calls for a breaking and entering at a Wigglesworth Street residence shortly after 12:30 a.m. on June 11 when they saw Diamond coming out from behind the building.

Clearly intoxicated and wearing a white Rajon Rondo jersey, Diamond told officers that he had been with a friend but didn’t know where that friend was. At that moment, Diamond’s cell phone rang as his friend, Spillane, called him. Diamond handed his phone to one of the officers.

The officer asked where Spillane was and Spillane stated that he was on the roof of a nearby supermarket.

“Oh, that was [expletive] what we did,” Spillane said before hanging up.

In another conversation a moment later, Spillane said he was near a gas station. When the officer tried to draw Spillane to the officer’s location, Spillane responded, “This is [expletive]. I’m going to [expletive] you up.”

Additional officers soon located Spillane, wearing a green Ray Allen jersey, in the Stop and Shop parking lot.

After correlating various witness reports, the officers learned that Spillane had gained access to an apartment inside 14 Wigglesworth St. He woke two sleeping residents, one of whom screamed.

Spillane then fled from the apartment and was seen in the building’s hallway by two other residents of the building who heard a commotion.

In a subsequent identification procedure, one victim identified Spillane as the man in the apartment. The other identified him by his clothing but not his face. The residents who saw Spillane in the hallway also identified him, and one identified Diamond as a man he saw by the fire escape leading up to the victims’ open window. Both men were placed under arrest at that time.

Diamond was represented by attorney Joseph Monahan III and Spillaine by attorney James Lawson.