Superior Court Briefs: Motor Vehicle Homicide, Armed Robbery, Assault

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Driver in 2023 Fatal Crash Guilty of Vehicular Homicide
 
Gilberto Franciapena, 31, pleaded guilty on Dec. 12 to negligent motor vehicle homicide in a fatal incident in 2023.
 
The defendant was sentenced to two years' probation, a loss of license for 15 years, and 100 hours of community service. The commonwealth requested a two-year suspended sentence and loss of license for 15 years.
 
Franciapena was eastbound on the Massachusetts Turnpike at about 8 a.m. on April 20, 2023, when the red 2011 Chevrolet Tahoe he was driving flipped at about the 1.8-mile marker in West Stockbridge. 
 
There were five occupants in the vehicle. Four of the occupants, including Franciapena, were transported to Berkshire Medical Center in Pittsfield. They were treated and released. The fifth individual, Marco Tulio Rivera Claros, 38, was pronounced dead at the scene. 
 
The men were reportedly traveling from New York State on their way to a drywall job in Becket and would have gotten off on the next exit. Police say Franciapena was not impaired at the time of the collision. He was initially cited for motor vehicle homicide by negligent operation, crossing marked lanes and negligent operation of a motor vehicle.
 
Assistant District Attorney Johnathen Moffat represented the commonwealth with support from Joseph Yorlano, chief of the Motor Vehicle Homicide Unit.
 
 
North Adams Man Sentenced in Cumberland Farms Robbery
 
Joshua E. Piantoni, 42, was sentenced to seven years in state prison by Judge John Agostini for the armed robbery last year of the Cumberland Farms in Williamstown.
 
The Whittlesey Avenue pleaded guilty on Nov. 20 to five charges including armed robbery and assault with a dangerous weapon.
 
Piantoni drove a four-wheeler up to the convenience store on Main Street on the morning of Sept. 27, 2023, pointed a gun at the clerk and demanded money. The clerk handed him $259 and Piantoni fled on his four-wheeler toward his home in North Adams. 
 
Officers intercepted him when he was crossing Ashton Avenue and recovered the stolen money and a BB gun from his person.
 
Piantoni was charged with armed robbery, assault with a dangerous weapon, operating a motor vehicle with a suspended license, an unregistered motor vehicle, and operating a recreational vehicle on a public way.
 
He was sentenced to four to seven years on the armed robbery and four to five on the dangerous weapon, to be served concurrently in state prison, and 10 days in the House of Correction on the suspended license, also concurrent. 
 
Assistant District Attorney Rachael Eramo represented the commonwealth with support from Assistant District Attorney Amy Winston.
 
 
Pittsfield Man Gets Four Years on Multiple Charges
 
Tyrone Jones, 38, of Maplewood Ave, was sentenced on Dec. 11 to up to four years in state prison on charges ranging from larceny to assault to animal abuse.
 
He pleaded guilty on Dec. 10 to five charges related to an incident last year. He was found not guilty by a jury on a sixth charge of trafficking cocaine
 
Jones became violent on Oct. 14, 2023, in a residence he shared with the victim in the case. He assaulted the victim, kicked a dog belonging to the victim, and destroyed the inside of the house. After the assault and destruction of property, he stole the victim's car.
 
He was sentenced to 18 months to four years in state prison on the charges of assault, assualt on a household member, animal cruelty, vandalism and larceny of a motor vehicle and six months in the House of Correction on a charge of larceny under $1,200, all to be served concurrently.
 
Assistant District Attorney Amy Winston represented the commonwealth.
 
 
 

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BRTA Focuses on a New Run Schedule

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Berkshire Regional Transit Authority is still working on maintaining its run schedules after dropping the route realignment proposal.

Last Thursday's meeting was Administrator Kathleen Lambert's first official meeting taking over the reins; retiring director Robert Malnati stayed during a transition period that ended last month.

Lambert is trying to create a schedule that will lessen cancellations. There was a two-hour meeting the week before with the drivers union to negotiate run bids and Lambert is working with the new operating company Keolis, which is taking over from Transdev.

The board spoke about anonymous emails from drivers, which Lambert said she has not seen. iBerkshires was not able to see those letters, but has received some. 

"They were lengthy emails from someone describing themselves as concerning BRTA employee, and there was a signed letter from a whole group of employees basically stating their concerns. So, you know, to me, it was a set of whistleblowers, and that, what my understanding is that this really triggers a need for some type of process to review the merits of these whistleblowers, not going to call them accusations, but basically expressions of concern," said member Stephen Bannon.

A letter iBerkshires received spoke of unhappy drivers who were considering quitting because of decisions being made without "input from frontline staff," frustration and falling morale, and the removal of the former general manager shortly after Lambert came in.

Lambert said it's difficult to navigate a new change. She also noted many drivers don't want to do Saturday runs and it has been hard negotiating with drivers on the new runs.

"I would like you all to keep in mind that the process of change is super difficult. Transdev has been here for 20 years, and some of these drivers have never known any other operating company, the way some of the operations have been handled has been archaic," she said. "So getting folks up to speed on how a modern transit system works is going to be painful for them. So I don't want to say that I'm unsympathetic, because I am sympathetic, but I am trying to coax people along with a system that's going to seem very strange to them."

The board spoke about better communication between them and Lambert, citing cooperation will be best moving forward.

"There's just a lot of stuff in the air right now, and there are a lot of fires to put out to make this a coordinated effort. And if we don't keep our communications open and be straightforward, then you get blindsided about how you know the input that you could get from us about your position, and how you know what's going on in your direction, and we get blindsided. And I think that we have to make sure that this is a collaboration," said member Sherry Youngkin.

"Both sides have responsibilities, because in the long run, this advisory board is going to have to make decisions as to how we brought forward and if we've gone forward in a fair and helpful way. And I think that's hopefully what everybody is looking for also." 

Transdev and Keolis held a three-day recruiting event interviewing almost 40 candidates and offering jobs to eight, but only three stayed on to start training. Lambert said it was disappointing but she will keep trying to retain more people.

In her first report to the board, she noted that ridership dipped a little over 10 percent, but still remains higher than last year, adding that was because of cancellations of services because of the lack of drivers.

Like the last meeting, some of the advisory board members were torn over the start of the Link413 service, worried that the start of the service took drivers away and the numbers of riders are low.

Lambert, however, said the ridership has doubled from last month.

"As I've spoken before, we have, generally, a six-month adoption for brand-new service before you can really go in and evaluate, are you being successful based on the grant that my predecessor wrote along with the team for PBTA and RTA, we are ahead of schedule, which is pretty good, so I'm hoping that will continue to improve," she said.

Member Renee Wood said the board never approved the service, adding the only thing she could find in the minutes was a vote to accept the equipment. She said it was supposed to be put on the agenda to discuss.

"The Link413 service has been three years in the making. It's been a grant that was accepted and has been working with our partners, PVTA and FRTA, to put into place. So I don't have the entire history of how that process worked, but it's been three years in the making, and did we not understand that once we accept that grant that we were going to put in new service?" Lambert said.

The board discussed if Title VI, the Civil Rights Act, was followed with an accurate review and accurate amount of time for public comment period on the service changes and if its attorney should review if the  grant conditions were properly followed.

Lambert said changes had the 60-day comment period included in the proposed route realignment packet, giving the opportunity for the community to respond to that as well but will look into the legality of the situation with their attorney.

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