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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Arrest Warrants Issued for Pittsfield Shooting

Staff reportsiBerkshires

PITTSFIELD, Mass. — Police were granted arrest warrants for two people suspected to be responsible for the Aug. 16 shooting on Francis Avenue. 

Jason Wright, 41, and an unnamed juvenile are charged with assault and battery, discharging a firearm within 500 feet of a dwelling, and possession of a gun without an FID card or license to carry. 

On Aug. 16, near 211 Francis Ave., three individuals suffered gunshot wounds and were all transported to Berkshire Medical Center with non-life-threatening injuries. This is one of four gun violence incidents on city streets this summer. 

Police say two of the individuals who suffered gunshot wounds are the subjects of the arrest warrants.

"I first want to commend the Pittsfield Police Department on solving this case in just eight days. They, along with members of the Task Force who provided support when needed, worked around the clock to identify those responsible," District Attorney Timothy Shugrue wrote on Monday. 
 
The DA said he understands that Pittsfield remains on edge, and said he is fully committed to providing resources, including funding for overtime and State Police detective resources, to support the Pittsfield Police Department as it continues its active investigations into the June 18, Aug. 4t, and Aug. 16 shootings. 

"No stone will be left unturned. If you bring violence and guns to our county, you will be held responsible to the greatest extent of the law," he wrote. 

The first arrest warrant issued is for a juvenile. The juvenile is charged with:

  • Two counts of assault and battery with a dangerous weapon, to wit a firearm
  • Attempted murder
  • Discharging a firearm within 500 feet of a dwelling
  • Possession of a firearm in commission of a felony
  • Possession of a firearm without an FID card/license to carry
  • Possession of ammunition without an FID card/license to carry

The second arrest warrant is for Jason Wright, 41, with a last known address on Woodlawn Avenue. Wright is charged with:

  • Attempted murder
  • Assault and battery with a dangerous weapon, to wit a firearm
  • Two counts of assault and battery with a dangerous weapon, to wit a Firearm
  • Discharging a firearm within 500 feet of a dwelling
  • Possession of a firearm in commission of a felony
  • Possession of a firearm without an FID/LTC
  • Possession of ammunition without an FID/LTC

There have been four gun violence incidents in Pittsfield since mid-June, leaving one person dead and a total of seven injured. Additionally, a Lanesborough man is facing multiple charges for allegedly shooting a gun near homes and a road while intoxicated on Sunday. 

On June 18, a person died after being shot in the area of Tyler Street and Pleasure Avenue, and another person was injured. Following an extensive investigation, police on June 23 had an arrest warrant out for Terry Martizna, 35, on a charge of murder.

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