GloucesterTimes.com, Gloucester, MA

February 6, 2013

Gloucester District Court: Driver gets 90 days, but with time served

Gloucester District Court

By Marjorie Nesin
Staff Writer

---- — GLOUCESTER — A 31-year-old Gloucester man was sentenced to 90 days in Middleton jail after Judge Joseph Jennings found him guilty on a subsequent charge of driving with a suspended license Monday.

But Mark E. Muise of Allen Street was also credited with time served.

Muise was arrested in November after police, knowing the man’s license was suspended, saw him driving on Millet Street and stopped him, according to a police report.

Asbury Avenue resident William Whalen, 56, was ordered to pay $550 in fines and assessments after he pleaded guilty Tuesday and was found guilty on a charge of driving with a suspended license.

Whalen was arrested Monday after police saw him and another man exit a vehicle, and the other man, who has an expired license, told officers that Whalen had been driving, according to a police report. Whalen then admitted to officers he had been driving the vehicle even though his license is suspended.

Scott Decosimo, 46, of Willow Street was sentenced to 60 days in Middleton Jail with three days credited as time served after he pleaded guilty and was found guilty on a subsequent offense of driving with a suspended license Monday.

Decosimo was also found guilty of shoplifting, both charges stemming from an August arrest after he carried groceries out of the Gloucester Crossing Market Basket and drove away in his truck, according to a police report. Employees at the store wrote down the license plate number, and police found Decosimo at his home, where the man admitted to police he had stolen the groceries and driven away, according to the report.

A Lynn man who was arrested on charges of drunken driving in Essex last month will spend six months in jail if he violates his probation any time in the next two years, according to police.

The man, Matthew Bernier, also owes $350 in court fees and assessments in addition to the suspended jail term, will also lose his license for two years, and must complete educational programs. The charge is his second drunken driving offense.

An additional charge of negligent driving against Bernier was continued without a finding until next year, though he admitted to sufficient facts, Judge Jennings decided. Bernier was also found responsible for a marked lanes violation.

According to police, he had been arrested with a blood alcohol level of 0.22 — nearly three times the legal limit — after police saw his vehicle cross the center line on Western Avenue many times. Bernier, contesting the blood alcohol test that night, told police “I only had three pitchers of beer with my friend,” according to the report.

A misdemeanor breaking and entering charge against Richard A. Burroughs, 48, was dismissed Monday. The criminal complaint was filed against Burroughs, who listed his residence in court documents as the Action Shelter, in October, after he was accused of punching and kicking the door of a former girlfriend’s Middle Street apartment.

John R. Evans, a 31-year-old Prospect Street resident, is now under administrative supervision on a resisting arrest charge that was continued for a year at a trial Monday. Judge Joseph Jennings found Evans admitted to sufficient facts on the charge. Another charge in the case, of assault and battery, was dismissed upon failure to prosecute.

Evans had been arrested after he “became combative” with police officers who came to arrest him when a woman called from the bathroom of his house, saying she was in fear of him, according to a report.

Assault and battery charges against three Gloucester residents were dismissed upon failure to prosecute in court trials Monday.

Guiseppe Cusenza, 49, of Lexington Avenue, and 59-year-old Gilbert L. Tanner of Hesperus Avenue saw assault and battery charges against them from a June 30th. fight dismissed.

In a related case, Carrie MacDougall, 34, of Hesperus Avenue, saw assault and battery charges dismissed, but those charges resulted from an incident reported the following day, when she allegedly threw a drinking glass at a man in a Lexington Avenue home, causing the glass to break on his leg.

A charge of driving without a license against a 25-year-old Lynn man will be dismissed if the man, Carmen Gomez, pays $200 in fines.

Gloucester police had stopped the man for a traffic infraction, and found he was unlicensed Sunday. According to a police report, Tally’s then towed the vehicle.

Marjorie Nesin can be reached at 978-283-7000, x3451, or at mnesin@gloucestertimes.com.