Brockton District Court

ATTORNEY PATRICK J. NOONAN WINS DISMISSAL OF ALL CHARGES, INCLUDING SIX FIREARM CHARGES, CARRYING MINIMUM-MANDATORY JAIL SENTENCES, AND ANOTHER COUNT OF RESISTING ARREST.

Defendant was charged with seven criminal offenses, including: Two-counts of Carrying a Firearm without a License (G.L. c. §269, §10(a)), two-counts of Carrying a Loaded Firearm without a License (G.L. c. 269, §10(n)), Possession of Firearm without F.I.D. (G.L. c. 269, §10(h)), Possession of Ammunition without F.I.D. (G.L. c. 269, §10(h)(1), Improper Storage of a Firearm (G.L. c. 140, §131L), and Resisting Arrest (G.L. c. 268, §32B). If convicted, Defendant was facing serious minimum-mandatory jail time and deportation from the United States.

Result: Defendant was a front-seat passenger in a vehicle, which was wanted in connection with a drive-by shooting in Boston. About a week after the shooting, State Troopers observed the suspect vehicle and attempted to pull it over, but a high-speed chase ensued from Milton to Brockton, which ultimately ended with the suspect vehicle crashing into an intersection in Brockton. Police observed a loose pistol magazine at the feet of the operator. In the glove compartment, located in the passenger side area where the Defendant had been seated, police found two firearms, a large capacity firearm, and ammunition. Police alleged that the Defendant resisted arrest when they commanded him to exit the passenger side of the vehicle. The operator and defendant-passenger were charged with a multitude of firearm offenses and resisting arrest. At a suppression hearing, Attorney Patrick J. Noonan elicited evidence from the State Trooper, which would prove to be vital to the Defendant’s case at trial. The glove-compartment, where the firearms were stored, was locked and the Defendant did not have possession of the key. Troopers admitted that they did not observe the Defendant reach for or touch the glove-compartment, and Troopers did not see the Defendant attempt to hide or conceal evidence. Although they claimed that the Defendant resisted arrest, Attorney Noonan was able to get that charge dismissed for insufficient evidence. No fingerprints were lifted from the firearms or ammunition. On the day of trial, the co-defendant (operator of the vehicle) pled guilty to most of the charges, but Attorney Noonan remained steadfast that his client was innocent and refused to enter into any plea negotiations. Recognizing that Attorney Noonan was prepared, ready, willing and able to try this case, the prosecutor dismissed all charges against the Defendant.