OUI - Dismissed
Jul 09, 2019OUTCOME: Dismissed
Client charged with OUI at 1:00 a.m., I wrote and argued a Motion to Dismiss based on certain articulable facts including lack of probable cause. MOTION ALLOWED - CASE DISMISSED. !!!
Sharon Ray's Legal Cases (4)
Newburyport, MA
Criminal defense Lawyer at Newburyport, MA
Practice Areas: Criminal Defense, Litigation
Amesbury BB gun suspects avoid jail time
Nov 01, 2018OUTCOME: Continued Without a Finding - WIN
NEWBURYPORT — Two out of three men who threatened an Amesbury man with realistic-looking BB guns in September avoided jail time Wednesday in Newburyport District Court after pleading guilty to multiple ... charges. In mid-September Malik Belton, 19, of 5 E. Greenwood St., was charged with disorderly conduct, trespassing, and assault with a dangerous weapon. Tres Johnson, 20, of 9 Congress St., Apt. F1, Amesbury, was charged with disorderly conduct and trespassing. In court Wednesday, Belton pleaded guilty to disorderly conduct and trespassing and was ordered to pay $250 in fines. The assault and battery with a dangerous weapon charge was continued without a finding for a year. Johnson pleaded guilty to both charges and was sentenced to a year of probation and fined $150. Both were ordered to stay away from their victim and two Amesbury addresses as well as forfeit their BB guns. Meanwhile, the third man Brian Pineda, 18, of 25 Hope Drive, Amesbury, chose to have his case continued until at least Nov. 30 when he will return to court for another hearing. Pineda faces disorderly conduct, trespassing, and assault with a dangerous weapon charges. It was about 10:30 p.m. on Sept. 11 when police responded to a suspicious activity report on Greenwood Street, a cross street between Main Street and Hillside Avenue (Route 150). As many as six men were in a Greenwood Street driveway trying to break into a home, according to the dispatcher. When Officer Jonathan Morrill arrived, the men scattered in different directions. A witness approached Morrill and told him that at least one was armed with a handgun. Police set up a perimeter around the area that included K-9 Officer Thomas Nichols and his dog, Achilles. The dog was able to find several fresh tracks at a Main Street home. “As we opened the gate to the fence, a male party began yelling, ‘I surrender, I surrender, please don’t let the dog bite me,’” Morrill wrote in his report. The man, who turned out to be Belton, was ordered to the ground and frisked. Belton told the officer he wasn’t carrying a firearm but rather a BB gun, but lost it prior to running into police. Soon after, Nichols found what looked like a handgun in the same yard. “A few minutes later, Officer Nichols called (out) that he had located two more individuals hiding in the bushes in the side yard,” Morrill wrote, adding that a second BB gun, this one looking like a .357 Magnum revolver, was found in the same yard. While all this was taking place, other officers were speaking to the victim, who lived on Greenwood Street. He told police he believed the men were going to rob him like they did the week before when they stole $400. He said he saw six men in front of his house, at least one of them carrying a gun. The victim’s roommate went outside to confront the men and saw that one was armed. When one of them pointed a gun at him, the roommate took off and eventually ran into Morrill. As he was running away, the witness noticed that a second man appeared armed with a handgun, Morrill wrote in his report.
Father charged in SUV attack receives suspended sentence
Nov 08, 2017OUTCOME:
NEWBURYPORT — Less than four months after his 12-year-old daughter jumped in front of her mother to prevent him from striking her, Eric Moore was back in Newburyport District Court on Tuesday pleading ... guilty to assault and battery on a family/household member. Moore, who lives in the town of Holland in Worcester County, admitted he battered his wife as he drove away from Salisbury Beach in late July. During the assault, Moore’s daughter jumped into the front seat of their sport utility vehicle and shielded the woman from the blows. Moore, 35, had been drinking and was angry when his wife demanded they head home, according to court records. In court Tuesday, Judge Peter Doyle sentenced Moore to 18 months with all jail time suspended for two years while on probation. During that time, Moore must remain drug and alcohol free with random screens and must not abuse his victim or family. Essex County prosecutor Shailagh Kennedy asked Doyle to sentence Moore to 90 days in jail while Moore’s attorney, Sharon Ray, argued the charge be continued without a finding for a year. “These facts are pretty astounding,” Kennedy said. “When he drinks, this is what happens.” Ray argued that it was Moore’s wife who was the aggressor, throwing beer cans at him, and that there were no visible marks on the victim. “To put him in jail would be wrong,” Ray said. Moore came close to rejecting Doyle’s suspended sentence offer but the judge reminded him that his deal was a one-day offer only. “After today, this is not going to be the sentence I’m going to impose,” Doyle said. Moore quickly blurted out that he would accept Doyle’s proposal. Police received a 911 call from a motorist who saw a man attacking a woman in the passenger seat as he was driving on Beach Road toward Salisbury Square on July 23, according to court records. Officer Richard Dellaria, who was in the square at the time, responded to the call. Dellaria watched the Toyota Rav4 pass and saw the victim holding a young girl in her arms. The girl was crying hysterically. After the SUV was pulled over, the girl jumped into the back seats to join her younger brother. Dellaria asked Moore to get out of the SUV and spoke to him privately while other officers spoke to the three passengers. Dellaria told Moore that a witness saw him hitting the woman in the passenger seat. Moore said she attacked him and he was defending himself. But the woman told police that Moore became enraged after he refused to leave the beach and she threatened to leave without him. “(The victim) was crying as were the two children in the back seat,” Dellaria wrote in his report. “There was a look of pure fear on their faces because of what they witnessed,” he wrote. Dellaria asked the 12-year-old why she was scared. The girl said she jumped into her mother’s lap because Moore was grabbing the woman by the hair and slamming her head against the seat. The woman confirmed her daughter’s story to Dellaria and explained that after spending the day at the beach, she told Moore she wanted to go home. He became upset and began swearing and throwing beer cans everywhere, police were told. The argument continued in the SUV when Moore grabbed her. She pushed him off in self-defense but Moore got even angrier. He repeatedly pushed her face away. That was when the daughter jumped in the front seat to shield her from the attack, Dellaria wrote in his report. Moore agreed to a portable blood-alcohol level test and registered a .05, which is below the legal limit of .08.
Student punished for sex tape
May 28, 2016OUTCOME: No Jail time
NEWBURYPORT — A former Governor's Academy senior will spend the next three years of his life on supervised probation wherever he goes, as a result of the judge's ruling yesterday on the charge that, he ... videotaped -- without consent -- himself and a classmate having sex at the private Byfield prep school. Judge Mary McCabe handed down her ruling yesterday at the sentencing hearing of 19-year old Isaiah Wing, of Millbrook, N.Y. Wing had previously admitted to sufficient facts at a hearing on April 20, meaning he agreed that a jury, if presented with the evidence, could find him guilty. Although state prosecutor Michelle Belmonte requested a guilty verdict and five years supervised probation, McCabe ordered the charge be continued without a finding for three years, agreeing that supervised probation by an objective party be required wherever Wing may be, at home in New York or in college. Student punished for sex tape McCabe granted all of Belmonte other conditions, including Wing surrendering to the court his computer, cell phone and the Go-Pro camera he set up to secretly tape his encounter with his 16-year old victim. Conditions include that no image of the victim be disseminated in any form, ever. McCabe also ordered Wing to continue to undergo psychological therapy during his probation and take all medication he's prescribed, as well as perform 100 hours of "meaningful, hard, legitimate" community service. The charge is a misdemeanor under state law, and had the verdict been guilty, the sentence could have resulted with up to 2 1/2 years in a house of correction, along with a $5,000 fine. now is on supporting the student who was harmed in this incident, and ensuring that our campus is a safe and healthy environment for every student.”
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