Recently in Breaking and Entering Category

February 22, 2012

Five Men Arrested for Attempted Entry at Natick Army Lab

According to police, five men from New York have been arrested for attempting to get into the U.S. Army Natick Soldiers System Center in Natick with a car full of fake credit cards and stolen electronics. The men attempted to bluff their way into the secure lab with fake ID's.

At the front gate, Army police immediately identified their fake IDs and apprehended the men. After a search of the 2012 Chevy Suburban, Army police located around 40 counterfeit credit cards, and a significant amount of stolen electronics.

The Natick lab is responsible for researching, developing, fielding and managing many different types of soldier support items. Leonard Marcus, a terrorism expert from Harvard, said that "it could very well have been an innocent attempt at robbery or it could have been some much larger effort on their part." The five suspects were arraigned in Framingham District Court on Tuesday.

The full article can be seen here.

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May 25, 2011

Man Executed Robberies with Young Son Along

Police have arrested a Bridgewater man for breaking into a church with his 11 year old son as a supposed accomplice. Police are also reporting that the church was not their first break in. Michael Varano, 52, reportedly broke into the St. Thomas Aquinas Church on Center Street this weekend in Bridgewater.

Bridgewater authorities caught Varano and his son leaving the rear door of the church with food in their hands. Witnesses also spotted the two going through the church late Friday night with flashlights in hand.

This is not the first reported criminal activity for Varano, who was caught breaking into more than 15 homes with his 4 year old daughter in April of this year. Father Joe Raeke of St. Aquinas Parish said that he was confused because "he doesn't understand why Varano would steal something that the church could have given him for free." Varano faces 50 different charges for various crimes in Massachusetts and bringing his children along. His 11 year old son will also be arraigned in juvenile court.

The full article is featured here.

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April 20, 2011

Boston Burglar Trapped

According to Boston Police a burglary suspect in Mattapan got stuck between the freezer and the floor boards at a Boston restaurant during an attempted break in. According to reports a female cook at the restaurant found the suspect around 7 a.m. when she showed up for work on Wednesday.

The restaurant in question is a Mattapan based Haitian restaurant named La Belle Capoise, located on Morton Street. The son of the restaurant's owner, Emmanuel Beliard, reported that the man apparently broke into the Morton Street restaurant through a basement window and then went up a circular set of wooden stairs leading to the first floor.

In the restaurant there is a bulkhead between the stairs and the first floor and it is covered by a freezer. After the burglar went up the first floor stairs he proceeded to push the door open and get stuck between the floor and basement stairs as the freezer fell back on him. Beliard reported that the would-be-burglar did not say what he was doing but only begged to be release. Boston police, fire emergency responders, and EMTs reported to the scene and freed the man. It was not determined if he will face criminal charges.

The full article is featured here .

Attorney Tofani, of counsel to Parker|Scheer, LLP and an associate of the firm's criminal practice group, reflects:

Although no specific criminal charges are mentioned in the article, an interesting issue and common misconception is presented regarding what constitutes a "breaking" for the purpose of establishing a burglary charge.

To establish a burglary charge, the Commonwealth must present evidence proving that the defendant committed a trespass by breaking and entering a structure, at night, with the intent to commit a felony therein; for example, the intent to commit larceny upon illegal entry into the structure.

The above-referenced misconception regarding the "breaking" element of a burglary charge is: that the Commonwealth must prove that the suspect literally destroyed the structural integrity of a window, door or other means of entry into the structure at issue. In fact, no literal breaking must occur to support a burglary charge. Instead, the Commonwealth must present evidence that the suspect moved to some material degree something that otherwise prevented entry into the structure.

The article alleges that the suspect entered the Morton Street Restaurant through a basement window. To support a burglary charge, the Commonwealth is not required to show that this window was locked, or even closed entirely. Instead, the Commonwealth must present evidence that, at the very least, the suspect moved the window enough so that he could enter the premises. Assuming, arguendo, that the window was completely open allowing the suspect to enter without moving anything, then no breaking occurred.


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April 11, 2011

Couple Accused of Braintree Break in Brought Kids

A couple from North Carolina has been arrested after an accused Braintree MA break in. George Demetro, 36, of Wilkesboro, NC, and Dina M. Miller, 42, of Boone, NC, were apprehended by police after the homeowners of a Braintree home on Burton Road said the pair had talked their way into the house by claiming to be electrical inspectors. The truck that the accused couple was driving had over $60,000 in stolen goods, including jewelry and silverware.

The couple was charged with daytime entry by false pretenses and receiving over $250 in stolen property. Mr. Demetro was able to get inside the Braintree home while Mrs. Miller distracted the 75 year old woman who answered the door. Demetro then yelled to her when he found a man in an upstairs bedroom. Demetro told the man that he was there to check out the water.

After claiming to be checking the water, Demetro and Miller got into their truck and drove away. In a sad turn miller's two sons, ages 9 and 10 were present with the couple during their Braintree break in. The two children have been turned over to the State Department of Children and Families. The couple is being held overnight without bail pending their arraignment.

The full article is featured here.