Two Sentenced on Gun Charges, One a Repeat Offender

BOSTON, Dec. 5, 2014—A Dorchester man whom Boston Police observed with a gun in his hand pleaded guilty yesterday to firearm charges, just weeks after another man admitted to bringing a gun to the site of a homicide memorial, Suffolk County District Attorney Daniel F. Conley said.

“Every child deserves a safe neighborhood to play and go to school,” Conley said. “Our Gang Unit is protecting those kids, their families, and their neighborhoods with indictments and prosecutions that target the individuals directly responsible for violence in Boston.”

MICHAEL SPENCE (D.O.B. 2/5/93) yesterday pleaded guilty to unlawful possession of a firearm, carrying a loaded firearm, and unlawful possession of a large capacity magazine as prosecutors reported that they were prepared for trial in the case.  Suffolk Superior Court Judge Mary Ames sentenced Spence to two years in the house of correction followed by two years of probation, during which time Spence must wear a GPS monitor, abide by a curfew, stay away from the area of the offense, complete his GED and remain employed.

Spence changed his plea to guilty after Assistant District Attorney Brian Brodigan of the DA’s Gang Unit informed the court that prosecutors were ready for trial. 

Boston Police and Boston Housing Authority officers in an unmarked cruiser in the area of Morse Street shortly after 5:00 p.m. April 2 overheard an individual shout a warning that police were present and began to scan the area for possible criminal activity.  As they continued driving, they observed three males standing on the sidewalk.  As two members of the group proceeded toward Washington Street, a third individual, later identified as Spence, looked at the officers and hurried down Ronald Street, which the officers knew to be a dead end street that abutted commuter rail tracks.  The officers turned onto Ronald Street and observed Spence remove an object from his pants pocket and pull the sleeve of his sweatshirt over the object to conceal it in his right hand, the evidence showed.  He then fled through a gap in a fence and ran in the direction of the train tracks.

While running, Spence appeared to lose his balance and extended his right arm in the air in an apparent attempt to steady himself; this movement allowed police to clearly observe a firearm in his right hand.  Upon hearing officers shout that he had a gun, Spence tossed the weapon toward the tracks and ran into a construction lot where he was taken into custody.  The firearm was located between the inbound and outbound train tracks and was found to be a 9mm SCCY with six rounds of ammunition in its large-capacity magazine.

The plea comes just weeks after prosecutors secured a guilty plea in a separate firearm case.  ANGEL CALDERON (D.O.B. 6/5//92) of Dorchester on Nov. 19 pleaded guilty to unlawful possession of a firearm, carrying a loaded firearm, and being a Level I armed career criminal and was sentenced by Superior Court Judge Charles Hely to three to four years in state prison followed by a six-month jail term, which was suspended for a period of one year.  During that time, Calderon must stay away from the Morton Street Housing Development and surrounding streets.  According to prosecutors, Calderon was previously convicted of unlawful possession of a firearm and assault and battery.

Had the case proceeded to trial, Assistant District Attorney Joseph Janezic, chief of the DA’s Gang Unit, would have presented evidence and testimony to prove that on May 6, Boston Police officers assigned to the Youth Violence Strike Force were in the area of the Morton Street Housing Development, where many people had gathered to mark the anniversary of a prior homicide in the area.  Shortly before midnight, Calderon was observed sitting in the driver’s seat of an idling vehicle; the officers were familiar with Calderon and knew he had previously been convicted of carrying a firearm and was not licensed to operate a motor vehicle.

As officers approached the vehicle to speak with Calderon, they observed a 17-year-old male in the rear seat rolling a marijuana cigarette and an open bottle of vodka in the center console.  Calderon made statements to police that there were additional bags of marijuana in the car.  Based on their observations and knowledge that Calderon was not licensed to operate the vehicle, officers asked Calderon to step out of the vehicle and found that he was in possession of a loaded .380 Llama Especial.

Spence was represented by attorney Jessica Tripp and Calderon by Michael Tumposky.

 

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