The North End restaurant proprietor accused of capturing at a person exterior a preferred bakery over the summer season will stay behind bars after a choose determined to take time to find out the suspect’s bail standing.
Alleged shooter Patrick Mendoza, 54, appeared in Suffolk County Superior Court on Tuesday, pleading not responsible to costs associated to the July 12 capturing exterior of Modern Bakery on Hanover Street
The incident allegedly concerned a person Mendoza is alleged 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 via a harmful weapon, assault and battery via a harmful weapon, and assault and battery
A choose took Mendoza’s bail standing underneath advisement Tuesday after listening to debate from a prosecutor and his legal professional over whether or not the long-time North End resident needs to be launched.
Assistant District Attorney Daniel Nucci stated he has offered a CD of interviews with the person Mendoza is accused of capturing at in addition to footage within the space of Modern from that evening, together with different proof.
But Mendoza’s legal professional Rosemary Scapicchio argued these “documents,” together with police experiences, should not sufficient to find out whether or not Mendoza even fired a gun in any respect. She recommended the person he allegedly shot at ought to have been dropped at courtroom as proof.
“The Commonwealth has not brought anyone, not even a police officer, to talk about hearsay for an identification,” Scapicchio stated. “His liberty is at stake right now, and the idea that the Commonwealth can, by document alone, take away someone’s liberty is contrary to the Constitution.”
Nucci, throughout an arraignment at Boston Municipal Court in July, offered video depicting the scene of the alleged crime, which reveals a person “who the Commonwealth alleges is Mr. Mendoza” on a bicycle firing a gun as many as thrice towards one other man who dove behind a Jeep.
The proof of the capturing remained for a minimum of a day as “ballistic evidence” — a bullet gap in Modern Pastry’s entrance window.
Records point out a minimum of three earlier altercations between Mendoza and the opposite man whose relationship dates again 20 years.
Nucci identified the “craziness of this shooting,” with it occurring on a busy Hanover Street and on the identical day Mendoza’s probation for an assault case involving different man in 2022 expired.
“The Commonwealth contends that alone shows there are no conditions of release where it can say ‘That won’t happen again if Mr. Mendoza is released today, tomorrow, the next day,’” Nucci argued.
Scapicchio requested the choose to set a “reasonable bail” and to launch him to the custody of his household on circumstances that might “protect the public.” She identified how Mendoza’s household and different neighborhood members have attended his earlier appearances.
“They’ve been here every single court appearance,” Scapicchio stated. “He has a tremendous amount of family support, and these are business owners from the community of the North End who come in support of Mr. Mendoza.”
Source: www.bostonherald.com”