The man accused of taking pictures and killing a Malden mom by firing wildly at two males outdoors an Everett nightclub in 2015 pleaded not responsible to homicide expenses and can stay locked up on unrelated federal drug expenses.
Henry “Jr” Del-Rio, 27, appeared within the dock earlier than a Magistrate Clerk at Middlesex Superior Court in Woburn Thursday morning to plead not responsible on two separate expenses arising from the identical 2015 incident. He was on mortgage from federal custody and would return to the arms of U.S. Marshals following his look in state court docket.
A Middlesex grand jury issued indictments the morning of Jan. 12, 2024, charging Del-Rio 8 ½ years after the very fact with the first-degree homicide of Ashlee “Penny” Berryman, a 21-year-old mom of a 3-year-old son, and with associated firearms offenses.
Berryman was outdoors the Braza Grille nightclub in Everett a little bit earlier than 1 a.m. on Aug. 13, 2015, following a live performance there through which her boyfriend had carried out when she was caught in what Middlesex District Attorney Marian Ryan described as a “hail of gunfire.”
On Thursday, prosecutor David Solet, the chief of the Middlesex DA’s Cold Case Homicide Unit, summarized the state’s allegations that resulted within the indictments handed down final week: That early morning, Del-Rio acquired right into a verbal argument after which “raised a 40 caliber semi-automatic firearm and fired repeatedly at two men.”
The bullets went in all places, he stated. While a number of the pictures struck one of many males he meant to shoot, one other “crossed the street and penetrated the front window of a pharmacy. Another bullet penetrated the roof of a passing motor vehicle going just above the motorist head. And the last bullet penetrated the back and heart of Ashley Berryman, age 21 killing her.”
Del-Rio is represented by protection lawyer Ian Gold, who additionally represents him within the federal case through which Del-Rio was convicted alongside fellow members of the Everett “East Side Money Gang” on racketeering, firearms and drug distribution expenses. He was sentenced to 5 years in jail, although a revocation of that sentenced is scheduled to be argued in federal court docket in Boston on the final day of this month.
He additionally has a felony cash laundering conviction from Woburn Superior Court, based on Solet’s run-down of Del-Rio’s felony historical past.
While Del-Rio is in federal custody, Solet requested Clerk Magistrate Daniel Flaherty to order Del-Rio be held with out bail in state custody on the indictments in case something adjustments in his federal case and he’s launched.
Flaherty agreed with that and issued no bail. He additionally provisionally impounded paperwork with the narrative of the alleged incident. The subsequent scheduled listening to is Feb. 14 to be held on Zoom.