October 2012 Archives

October 28, 2012

Boston Police Officer Indicted for OUI / DUI Causing Serious Injury


Boston Police Officer Richard Jeanetti, 36, has been indicted by a Suffolk County Grand Jury on Massachusetts Drunk Driving Charges from the May 24 Hyde Park crash that resulted in serious injury to a woman.

The Boston officer has been charged with Operating Under the Influence of Alcohol (OUI / DUI) Causing Serious Bodily Injury to Brianna O'Neill of Foxboro, Massachusetts.

The Suffolk County District Attorney's Office alleges that Boston police officer was speeding up to 68 mph in a 30 mph zone in Hyde Park. He allegedly went through a stop sign and struck the car operated by Brianna O'Neill. The accident then caused her car to strike another vehicle. The operator and passenger of that car were not injured.

Following the accident Brianna O'Neill was transported to Boston Medical Center and reportedly suffered a broken leg and fractured vertebrae.

The Massachusetts Drunk Driving Crime of OUI / DUI Causing Serious Bodily Injury is punishable by imprisonment for not less than 2.5 years and up to 10 years in state prison; or not less than 6 months and up to 2.5 years in the house of corrections.

This case received a tremendous amount of media attention at the time as there was an outcry that the Boston Police Department was allegedly 'protecting' Officer Jeanetti, as she was not immediately arrested at the scene.

According to prosecutors, the Boston Police officer's medical records were obtained and her blood alcohol content (BAC) was allegedly 0.27% at the time of the accident. The presumptive limit in Massachusetts is 0.08%, which would put her BAC at over three times the legal limit.

Continue reading "Boston Police Officer Indicted for OUI / DUI Causing Serious Injury" »

October 21, 2012

School Bus Driver Charged with Drunk Driving and Kidnapping


A bus driver for the Perkins School for the blind in Watertown was arrested on Massachusetts Drunk Driving Charges this past week after he allegedly drove under the influence while transporting a 15 year old student to his home in Clinton.

The bus driver, Michael Tantillo, was charged with Operating Under the Influence of Alcohol, Reckless Endangerment of a Child While OUI / DUI, and Kidnapping.

According to the Clinton Police, the student's parents called police after their son didn't return home when expected. Clinton police allegedly tried calling the defendant several times but they were reportedly unable to reach him. Tracking his location from his cell phone, police reportedly waited at the student's home and arrested him when he arrived.

The defendant was arraigned in Clinton District Court on Thursday morning and held on $50,000 bail.

The crime of Child Endangerment While Operating Under the Influence of Alcohol makes it a criminal offense to operate a vehicle while under the influence with a child 14 years of age or younger. A person convicted of a first offense faces 90 days to 2.5 years in the House of Corrections, as well as a loss of license for 1 year. A second conviction could result in a state prison sentence of 3-5 years.

Although the police have charged this defendant with Kidnapping, but I would be very surprised if this charged is ultimately held up in court.

In order to prove the crime of Kidnapping, the prosecutor must prove that, the defendant, without lawful authority, forcibly confined another against his will. According to reports, the defendant did take the child home, though it is unclear how much of a delay it was and what, specifically, the circumstances were. I would imagine that the police would need to allege something more to uphold the charge of Kidnapping than simply stating that he delayed in transporting the child home.

Kidnapping in Massachusetts is punishable with imprisonment for not less than 20 years up to life if the person kidnapped is under 18.

Continue reading "School Bus Driver Charged with Drunk Driving and Kidnapping" »

October 14, 2012

Wilmington Man Charged with OUI / DUI While Carrying Gun


A Wilmington man was charged with Massachusetts Drunk Driving Charges last week as well as Gun Charges, for allegedly carrying a firearm while driving intoxicated when he was pulled over in Tewksbury.

The Tewksbury man was charged with Operating Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle and Carrying a Loaded Firearm While Under the Influence of Liquor.

According to the Tewksbury Police Department, the man was pulled over for allegedly speeding. During the stop, officers removed him from the car and began interrogating him, including asking him whether or not he had any weapons on him. The man allegedly admitted to being in possession of a firearm, but also produced a valid Massachusetts License to Carry.

The crime of Carrying a Loaded Firearm While Under the Influence of Liquor is punishable by imprisonment in the House of Corrections for up to 2.5 years and/or a fine of up to $5,000. A person may be prosecuted for this crime regardless of whether he/she is licensed to carry a firearm or not.

Continue reading "Wilmington Man Charged with OUI / DUI While Carrying Gun" »

October 5, 2012

Massachusetts Man Charged with OUI and Vehicular Homicide in Father's Death


A Massachusetts man has been charged with Massachusetts Drunk Driving Charges in connection with an accident that killed his father, the passenger in the car.

The man was charged with Operating Under the Influence of Alcohol, Vehicular Homicide While Driving Under the Influence of Alcohol, and Negligent Operation of a Motor Vehicle.

According to the Massachusetts State Police, the man from Rutland was allegedly speeding on Route 56 when he lost control of his truck and drifted off the road, striking a tree. The man's father and passenger, was found to be pinned in his seat and ultimately suffered from his injuries.

The defendant was arraigned in Western County District Court in East Brookfield and released on personal recognizance.

The Massachusetts DUI / OUI Crime of Vehicular Homicide punishes those who, due to their intoxication and operate their vehicle so negligently that the lives and safety of the public is endangered, and the death of another person is caused. Vehicular Homicide by OUI / DUI is punishable by imprisonment for 2.5 to 15 years.

Continue reading "Massachusetts Man Charged with OUI and Vehicular Homicide in Father's Death" »