BOSTON, March 23, 2017—As his jury was about to begin deliberating, a Hyde Park man yesterday pleaded guilty to beating two women with what appeared to be a firearm during an armed robbery less than two weeks shy of his 18th birthday, Suffolk County District Attorney Daniel F. Conley said.
NICODEM POYAU (D.O.B. 1/15/97) yesterday pleaded guilty to two counts of armed robbery and two counts of assault and battery with a dangerous weapon in connection with an incident that occurred on January 4, 2015. Although Poyau was a juvenile at the time he committed these crimes, he was indicted under the state’s youthful offender statute, opening him to the full range of juvenile and adult consequences.
After prosecutors presented their case, including testimony from the two victims, Poyau opted to plead guilty rather than leave his fate in the hands of the jury. Suffolk prosecutors sought a term of three to five years in state prison followed by five years of probation, with orders to stay away from the victims and either obtain employment or further his education. Boston Juvenile Court Judge Joseph Johnston sentenced Poyau to two consecutive terms of two years in the house of correction and five years of probation.
During the course of the trial, Assistant District Attorney Erica Brody of the DA’s Juvenile Unit presented evidence and testimony to prove that Poyau and a female juvenile followed three women as they exited the Ashmont MBTA station and walked to an apartment building at approximately 1:00 a.m. on Jan. 4, 2015. One of the women fell behind as her friends entered the building, and was approached by Poyau and the second juvenile at the building’s entrance.
Poyau placed what appeared to be a firearm to the victim’s head and demanded her cell phone. He shoved the gun, which was later determined to be an airsoft pistol that was painted black to resemble a semi-automatic firearm, against the victim’s mouth and pointed it between her eyes as he stole her purse.
The victim’s friend exited the apartment to search for her and, observing the armed robbery, ran at Poyau. He struck this second victim in the head with the gun, knocking her to the ground and causing facial injuries. As he did so, the gun’s slide broke off.
Poyau and the juvenile stole the second victim’s phone and keys, then fled to Ashmont Station and boarded the Mattapan trolley. Public safety cameras captured the two following the victims prior to the assaults and fleeing toward the station immediately after, prosecutors said.
Boston Police used an app on one of the stolen cell phones to track it along the trolley’s path and boarded at Mattapan station. The only passengers onboard were Poyau and the 17-year-old female, who matched the description of the assailants, prosecutors said.
When approached by police, Poyau was speaking on a phone belonging to one of the victims, and his co-defendant was carrying a bag holding the other stolen items. Poyau was found in possession of the airsoft pistol that was a perfect fit for the slide located at the scene of the armed robbery, prosecutors said.
Before Poyau’s sentence was imposed, Brody read aloud a brief impact statement written by one of the victims.
“I typically consider myself a tough person. I have never been held in a position where I thought I was going to die. The fact that this was at the hands of another person has affected me,” she wrote. “Although I can thankfully say I was not physically harmed nor financially affected thus far by this crime, I cannot say that I have the peace of mind I once had. I believe the defendant should be held accountable for this crime and hope he understands the negative impact he has made on other lives.”
The female juvenile was adjudicated delinquent and received probation for her role in the incident. Ilana Wixted was the DA’s assigned victim witness advocate. Poyau was represented by John Himmelstein.
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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
