A request to launch the North End restaurant proprietor accused of taking pictures at a person exterior a preferred bakery over the summer time to the custody of his household has been struck down in courtroom.
Suffolk Superior Court Judge Katie Rayburn on Wednesday ordered the alleged shooter, Patrick Mendoza, 54, to stay behind bars till subsequent May, a day after the suspect pleaded not responsible to expenses associated to the July 12 taking pictures exterior of Modern Pastry on Hanover Street.
The incident allegedly concerned a person Mendoza is claimed to have had a long-simmering relationship with. While nobody was injured, Modern sustained injury to its window.
Mendoza, whose household owns Monica’s Trattoria on Prince Street, has been held with out bail since late July after he was charged with assault by the use of a harmful weapon, assault and battery by the use of a harmful weapon, and assault and battery.
The long-time North End resident additionally faces expenses of carrying a firearm with out an FID card or license, possession of ammunition with out an FID card, witness intimidation, and possession of a firearm inside 500 ft of a dwelling.
Rayburn took the bail standing beneath advisement Tuesday after listening to debate from a prosecutor and his legal professional over whether or not Mendoza must be launched.
District Attorney Kevin Hayden, in an announcement, mentioned Rayburn made the appropriate resolution to maintain Mendoza barred for a minimum of the subsequent half yr, because the bail standing will proceed till May 1, 2024.
“This is an appropriate ruling given the extreme danger of Mr. Mendoza’s actions, which occurred in one of the city’s busiest areas and on one of its busiest streets,” Hayden mentioned. “To fire shots on any Boston street is intolerable, but add the fact that this area is packed with tourists, diners and residents at all times of the year – and even more so during the summer season – and the danger level ratchets up even higher.”
Mendoza’s legal professional Rosemary Scapicchio requested Rayburn on Tuesday to set a “reasonable bail” and to launch him to the custody of his household on situations that might “protect the public.” She argued that prosecutors haven’t offered adequate proof that Mendoza even fired a gun in any respect.
Assistant District Attorney Daniel Nucci identified the “craziness of this shooting,” with it taking place on a busy Hanover Street and on the identical day Mendoza’s probation for an assault case involving the opposite man in 2022 expired.
Nucci mentioned, “The Commonwealth contends that alone exhibits there aren’t any situations of launch the place it might say ‘That won’t occur once more if Mr. Mendoza is launched as we speak, tomorrow, the subsequent day.’ “
Source: www.bostonherald.com”