02/28/2011 09:01 FAX 14136252042

Shelburne MSP

141 0002/0005

APPLICATlON FOR I APPLICATION NO. (COURT USE ONLY) I Page 1 of 4 TRIAL COURT OF MASSACHUSETTS
CRIMINAL COMPLAINT DISTRICT COURT DEPARTMENT
The undersigned alleges thefollowlng as a @full or o partial statement
of the factual basis for the offene(s) for which a criminal complaint is sought By Trooper BrianDoak #3241

BRYANT Domestic A&B

1. The following is a summary of events that occurred on 02/26/2011 at approximately 1214 hours. The weather was clear and cold.

2. On the above date and time I Trooper Brian R. Doak #3241, was operating marked cruiser 1179 and in full uniform. At approximately 1214 hours I was dispatched to a domestic assault and battery in progress. Trooper

Macomber, State Police Shelburne Falls desk Officer, advised that several witnesses observed a black male .

striking and physically assaulting a white female in front of Buckland Pizza, located at the intersection of State St and Bridge St, Buckland. The black male was reported to have placed his hands on the females neck, pushing her : into a parked vehicle, while keeping his hands on her neck pinning her against the vehicle. While enroute I was advised by Trooper Macomber that the witnesses were still on scene and that the involved parties were observed. entering a blue SUV (sport utility vehicle). Per the witnesses the black male released the female when he

observed my cruisers emergency lights.

3. Upon arrival I observed a blue SUV being operated by a black male, with a white female front seat passenger. As I approached the vehicle I observed several female parties pointing to the blue SUV. The female parties were seated in front of a large bay window, inside Buckland Pizza. The operator and passenger were an exact match provided by witnesses. With the information provided by witnesses I had probable cause to believe that the operator of the SUVwas the described black male who physically assaulted the female passenger. With my emergency lights activated the vehicle, bearing MA , pulled into a parking spot in front of Buckland Pizza. As I exited my cruiser I observed the front seat passenger, later identified as Bryant, Veronique DOB •••• , exit the vehicle from the front passenger door. I asked Veronique if she was ok, to which she stated yes. I observed the front drivers side door to be open, and unoccupied. I advised Veronique to remain with her vehicle and walked to the drivers side of the vehicle. I observed a black male, matching the description provided bywitnesses, standing next to the vehicle. The black male was later identified as BRYANT, Howard V DOB ••••. I observed BRYANT to have his hands in his pockets. In a loud clear voice I ordered BRYANT to remove his hands from his pockets and place his hands behind his back. BRYANT failed to comply with my request. I again ordered BRYANT to keep his hands out of ills pockets and to place his hands behind his back. I advised BRYANT he was being placed under arrest for domestic assault and battery. As I attempted to secure BRYANT'S left hand he raised his elbow, pulled his arm away from me, while tensing his anus. BRYANT physically failed to comply with my order. BRYANT continued to raise his elbows, swinging his torso from left to right. As BRYANT was raising his elbows, his left elbow struck me directly in the chest. BRYANT continued to resist my orders and physically attempted to pull his anus away from me continually. I attempted an arm bar take down, physical restraint used to secure a non compliant subject, on BRYANT'S left arm. BRYANT continued to resist. BRYANT was advised to stop resisting. At this time I was assisted by Sergeant Cadran (State Police Shelburne Falls), Officer Philips (Shelburne Falls Police Department), and Officer Herbert (Buckland

. Police Department). .

4. BRYANT was again ordered to stop resisting multiple times. I secured BRYANTS left arm in an ann lock, while Officer Philips and Officer Herbert secured BRYANTS rights arm. BRYANT continued to resist our

. orders, keeping his arms and body stiff. While attempting to secure BRYANT he was placed on his chest, directly on top of the hood of a parked vehicle. While on top of the hood BRYANT

COURT COpy

0212812011 09:01 FAX 14136252042

Shelburne MSP

l4! 000310005

APPlICATJON FOR I APPLICATION NO. (COURT USE ONLY) I Page 2 of 4 TRIAL COURT OF MASSACHUSETIS
CRIMINAL COMPLAINT DISTRICT COURT DEPARTMENT
The undersigned alleges the following as a [K]full or D partial statement
of the factual basis for the affene(s) for which a criminal complaint is sought continued to raise his head, keeping his arms stiff. With the assistance of Sergeant Cadran, Officer Philipps and _ Officer Herbert BRYANT was handcuffed (dl) and check for tightness. BRYANT was placed in the rear of cruiser 1179, and read his Miranda rights by Officer Herbert. I returned to Veronique, and observed Howard and

Veronique's son in the rear seat Bryant, nan dob . Han was present during the assault and battery. I

did not observe any injuries to Ilan and he seemed to be well kept in appearance.

5. I advised Veronique of her Miranda rights directly from a card, to which she stated she understood. I asked Veronique what took place prior to my arrival and if she had any injuries. Veronique stated what is going on. I advised Veronique that we received a call from several witnesses who observed BRYANT physically assault her and that BRYANT was being placed under "arrest for Domestic Assault and Battery. I again asked Veronique - what took place and she was reluctant to answer. Veronique then asked if she needed a lawyer. I advised Veronique that at this time there are no criminal charges pending against her and inquired to the reported assault and battery observed by multiple witnesses. Veronique stated that she and BRYANT were in a verbal altercation "in front of Buckland Pizza. I asked Veronique if the argument became physical. Veronique looked at me for

approximately fifteen seconds, looked away from me placing her head down, and did not respond. I requested that Veronique return to the barracks to provide a statement and report any injuries. Veronique then stated that she wanted to talk to a lawyer and did not want to continue to talk to me. I advised Veronique of her 209A rights, to which she state she understood.

6. BRYANT was then transported to the Shelburne Falls State Police Barracks where he was booked and afforded all applicable rights. BRYANT signed his rights indicating that he understood same. Upon entering the booking area I asked BRYANT if he had any injuries. BRYANT stated that his left cheek and right shoulder hurt. I asked BRYANT if he needed medical attention, to which he stated no. I did not observe any marks indicating injuries to BRYANT. Photographs were taken ofBRY ANTS cheek. BRYANT advised that he did not wish to speak with me any further and that he wanted to speak with his Attorney. BRYANT contacted Attorney Eisenberg. BRYANT agreed to comply with the booking questions and declined to answer any questions related to his altercation with Veronique.

' .. i

7. Five witnesses returned to the Shelburne Falls State Police Barracks to provide statements. The following " witnesses observed BRYANT physically assault Veronique:

1. __ --

2.

DOB _

3. "

DOB _

4.

DOB".1t

5.

£

&

COURT COpy

02/28/2011 09:01 FAX 14136252042

Shelburne MSP

I4l 0004/0005

APPLICATION FOR I APPLICATION NO.(COURT USE ONLY) I Page 3 of 4 TRIAL COURT OF MASSACHUSETTS
CRIMINAL COMPLAINT DISTRICT COURT DEPARTMENT
The undersigned alleges the following as a - 0full or Dpartia, statement
of the factual basis for the offene(s} for which a criminal complaint is sought DOB _

8. With the information provided by the witnesses BRYANT is to be charged with (1) 265-13A Domestic Assault and Battery, (2) 265-13-D Assault and Battery on Police Officer, (3) 268-32-B Resisting arrest. Clerk Brulotte was contacted and set bail at $5,000.00 us currency. Attorney Eisenburg was contacted by BRYANT and later posted bail for BRYANT. BRYANT was released on P.R. for an appearance at the Greenfield District Court on 02/28/2011.

Respectfully submitted,

~IJ

Trooper Brian R. Doak #3241

COURT COPY

02/28/.2011 09: 01 FA.c\: 14136252042

Shelburne MSP

[4J 0005/0005

APPLICATiON FOR I APPLICATION NO. (COURT USE ONLY) I Page 4 of 4 TRIAL COURT OF MASSACHUSETTS
CRIMINAL COMPLAINT DISTRICT COURT DEPARTMENT
The undersigned alleges the following as a 0fUli or Dpartial statement
of the factual basis for the offene(s) for which a criminal complaint is sought PRINTED NAME SIGNATURE

-

lAMA

LAW ENFORCEMENT OFFICER

DATE SIGNED

REMARKS

SIGNATURE OF CLERK-MAGISTRATE I ASST. CLERK I JUDGE

DATE SIGNED

COURT COPY

RECOGNIZANCE

(Promise to Appear)

COMMONWEALTH OF MASSACHUSETTS

DEFENDANT'S NAME AND ADDRESS (INCLUDE ANY ALIAS)

fails to appear and abide by orders

jointly and severally, with the defendant to the in the terms of the release.

TERMS OF RELEASE

ARREST ON

~~~~~ __ ~~~~~~ ~WARRANT r=~~~~~~~----------~~=-~~~--~

DYES

]2JNO

I, as defendant, charged by complaint with the crime(s) listed above, understand that I am being released from custody according to the terms of release specified. I will personally appear before the above named court at the date and time indicated, and I will appear for any continuance until the final decree, sentence or order, and I will abide by it and not depart without leave. Further, I will appear before any court to which the charges may be transferred or appealed, or to any sitting of the Superior Court to which I may be bound over or indicted to answer to any indictment, and I will appear for any continuance until the final decree, sentence or order, and I will abide by it and not depart without leave.

I understand and acknowledge that if I fail without sufficient excuse to appear in accordance with the foregoing promise, I will be liable, jointly and severally if a surety has been required, to the Commonwealth of Massachusetts for the dollar amount specified in the terms of release.

A. RELEASE AUTHORIZED FROM

BAIL FEE RECEIVED

D Clerk-Magistrate

X ' D Assistant Clerk

~ Bail Commissioner Subscribed and sworn to before me, the defendant having been tllrr,i"'t,~ ... copy of this recognizance.

{Complete when appearance is being

JURISDICTION OF MAGISTRATE

NOTICE & SURETY ~

released until the Legal Counsel Fee is satisfied in accordance with G.L. c. 211 D, § 21/2. /6

Penalty for failure to appear in court after release on bail or recognizance

A defendant who fails without sufficient excuse to appear in court after release on bail or recognizance may be punished by a fine of $10,000 or by imprisonment for a year, or both, in the case of a misdemeanor, and by a fine of $50,000 or imprisonment for five years, or both, in the case of a felony.

Penalty for comm'itting a crime while on release on bail or recognizance

A defendant who is charged with another crime while on release on bailor recognizance may have the terms of this release revoked, and the defendant may be held without bail for a period not to exceed 60 days.

RECEIPT-RECORD OF PAYMENT OF CASH BAIL D NOT APPLICABLE

DATE

RECEIVED FROM SURETY (NAME AND ADDRESS) DEFENDANT if AMOUNT

8(Bvftff £(S£N 7361(4 f!-u(OflRv Ve '8Ryf/IJ ;T !){)OO --

CASE NUMBER

DISTRICT COURT

c;((Elili ,PIEL-D

r.OIIRT C:()PV

I
i CRIMINAL DOCi(ET DOC1<ET IJUMIJER 1,0. OF COUNTS Trial Court of Massachusetts ....
District Court Department c •..
lltl1CROOO345 3
DEFENDANT i'!i\ME AND/\11DRESS DOG (3ENDER courrr I~AIvIE.,' ADUI~ESS I
Howard V Isryam (~, ('Wlfielcl iJi,;lricl COlli I
Male ,125 Main Street
_ DA·I £: COMI·'LAINT ISSUloD I Greenfield, MA 01301
Ashfield, MA0133U O:e:/28/2011 I
PRECOMPl.AIIH ARREST DATE I INTERPRETER REOUIRED
02/26/2011
I
I
m,ST FIVE OFFEI~SE counts
COUNT CODE OFFENSE DESCRIPTIOI'I OFFENSE DATE
1 265/13A1B MG c265 §13A(<l) ~ nefi, HHiH_02/26/2011 ":l' he
2 265/1:m/A /\&13 ON POLICE OFFICER c265 (113D 0212612011
:, 2G8/:\:,8 Ic,FSIST ARREST c2G8 ~328 IVJ;'6120 11
Drr;;;;I~~ »: e: I OFH'I'ISE r:ITyrrOWN POLICE DEPARTMENT
Buckland SP Shelburne I
Df\fl:"g .1l1l"1(;I~C7 I J {lOCI';!: I LHTIW DATE & JUDGE FEES IMPOSED h
9~hl uJddL I I /\llmnny "ppoinler! (SJC R. :\:10) Counsel l-ne (L 110 ~ 2(112) o WAIVED
s
I I Ally r!c.ninri " Delt. Advised por ~ I I Ll ~;2A
l.l vvaiver oj Counsel found alter colloquy Counsel Contribution (211 D § 2) I] WAIVED
/'l s
.-
{ii'" I J l3~il t.~( Default W""rlill Fee (L76 § 3(111) [] WAIVED
f\ I( s I
-1 crms of retcase set: y~l~{! l iocket for ;;rccirll . mliUon
Default W""~nt Arrest F"" (L7(; " :\0 11L) 1'1 WAIVED !
IJ I lnh l (nt; ~5B/I) s
-
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$
I ;~I! ;Ii~pled and arlvjs e d: LJ l~i~Jh! (0 hnil to review (L7b ~58) ,
!I (I
IJ I':i'lill In druq exam (111 [ <,10) Bail Order l-'orl"iI8(1
,
LJ W"i""r or jury [ounrl "iter colloquy !,;,) ~)K-I / I f 'i .. ::I± Jfl_D -r
Advised of rioht to jury :Xc{..l velu'~h.(lCL_
Iri<11 o I )(l(!S not walve
Cf~(r" r-.
, ~b ',')' \ _\'k '\
/\tlvlSer! at tria! riqhts as pro se (I J);;1. Ct. Supp.HA)
I\dvis(,,1 ot dOhl of appeal to API'""ls Cl. (IvI.R Crim P.R 28)
I ,
SCHEDUL1NG HISTORY
NO. I : ;ClILDlILUI U,\TE ! I:VENT i\ESULT .IIILlGE I!\PE STI\RTI I
t STOP I
$ !
11\11(-liqnmenl -r- Wd/Yk 1
1 (),)12012011 [J 1\101 Held hut Event Resolved OCollt'r! ,
:! I L/ J)-J // / ! P1~ L i 11<>1(1 [J Nol Hc;lrI I·,ul [vent ""solved OCont'd
! { t: '{ r, IJ , ! iJ 1·',>1 Iioid IJlII Lvent Rosulverl IJ Conl'd ,
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,
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AI m ::: Arrakuuucnt !'TI! := ! 'It~llbIIH_!;lritl~! DeE::: OiSCOVC1Y compliance ,'; jUlY selection 8TB;: Bunch trial .JlI{:'" Jury tria! PCH = Plllb;dJlc cause hUHrinn
~:nr' '" :;t;_l11l~ rovs-w 01 pa\'lll!!!tl!. ! I\T:: Fir!;[ ,lp;II;;lranCl! in jury ~;l!SSiOH :;1 H::: Slllllencill!! CWJ- Cr111IillU;UF·,'-wiHIOU1-IiIIt1in!! s{;ha{iuko'CilO tr-nniunle P1{P - F'rntmtlon sr:ll!:dulud to tcmuuatu
flFTA::: [)delHbnl I;uk:d In "ppi':lf ,'~ W,IS dl:!aullml \IvAI;; ~ Wl'lrrrllli !S~;W:IJ VVI\H[) = fJefaul! warr.uu tseucc • \,\11: '" V ... .Iilfrilnl or del~lll!! warrant f(!{:;:111!·)(1 r'V! I::: plflhalioll rr!VOCrtliOll hcmrinn.
1\ nWE COI'Y ATTEST; !CLERK-MAGISTRATE II\SS'I CLERK I TOTAL NO. OF PAGES i ON (DI\TE)
X Vurxiou 2.0- 1110n

CRIMINAL DOCKET _ OFFENSES rJl::FEI-.JDANTNAIVII:

i Howard V Bryant

I"[JOCKO I-.JUlviBER

i '1141CR000345

A&B c265 §13A(<l)

COl 'NT / OFFENSE

I DISPO"ITION DATE AND .JUDGE

DISPOSITION MI:TIIOD

o Guilly Plea or L! Admission In Sufficient Facts accepted alter colloquy ,lnel LiD ~i29D wmlliJl~

o L'l!nch T rinl

OJuryTrial

II Dismissed upon:

[J Request of Commonwonnh I J F-:"quesl of Victim

1-! FnihJf(~ In prosecute

LJ UlIwr:

I] !~i!crl with Dofnrulanl's r:ollsnn!

rJ I'lolle Prosequi

lJ U"criminalized CD! §70 C)

(liNE/ASSESSMENT

V/W ASSESSMENT

OUI §24D FEE

OUI VICTlh1S ASMT

COSTS

OTHER

f IIEAD INJUI-:Y ASlvlT

f !

1~S~E7N~T~EN~C~E~-~O~R~O~T~H~E~R~D~I~S~PO~SI~T~IO~N~---L ~ __ ~ ~ ~

I'~l Sufficient facts found but continued without a finding until:

I LJ Defendant placed on probation until:

o l:':i:·;k/Nr:e·{i or OUI 0 Administrative StJpervision

J

I, r lildenriallt placed on pretrial probalion(276 §B7) until:

U 101", dismissed II court cost" I restitution paid by:

I

I I'INIIL DISPOSITION

I 1'1 Dismissed on recornrnendntion of Probation Dept. ! 1'.1 Probation terminated: defendant discharged

,

t LJ Sentence or rnsposluon revoked (see con I'd paqe)

13A TTERER'S FEE

.JUDGE

I DISPOSITION DATE AND .fUDGE

SUf{FINE

r,ESTITUTIOi'J

DIITE

I-INDING [JGllilly

o Respnnsible

o Probable Cause

I-I Not Guilty

U Not r-:""ponsible

i J No! 'roliable Cause

COUNT / OFFENSE

2 A&B ON POLICE OFFICER c265 §13D

DISPOSITION MelllOD

OUI VICTIMS ASlvlT

IJ(;tJiHy F)ler1 or L_i /\(lrnisSlol1 In ~;ilHicinnt I-~lc:ts iICC(;ptofl after colloquy ;:mel :(/(-: :12~-lD \'\f'!I!linq

r]nl!ncIlTriCiI

O.JuryTrial

o Dismissed upon:

[1 !~(;quest of COlllI110IlWP.("11l1-1 I J F!(~qUf)S{ of Victim

I] Request of Defendant

I ") F nilure 10 prosecute

OOll1er:

o Filed with Defendant's consent

o Nolle Prosequi

o Decriminalized (277 §70 q

COSTS

j !l:J\lJIN.llJ!{Y /\SlvlT j f{ES1! r If! ION

I

crilIEI,

SENTENCE OR OTHER DISPOSITION

I"] Sulfic.ient facts found but continued without a finding until:

Il Dcfenrlnnt placed on probotion until:

fJ Admtnislrative Supervision

IJDelendant placed on pretrial probation (276 §87) until:

IJ To be dismissed if court costs I restitution paid by:

FINDING IJGuilly

[] 1{()SPOI1SilJle

o Probable Cell/Sf!

Ll l\jot (~LliJ\y

I ! '-Jot 1\1 ::;pnnsihle

11 No Probable Cause

rll~!\L DISPOSITION

r J Dismissed on recommendation of Probation Dept. f -1 Prohatlon terminntert: clr.10.nrlant discharqed

! J Sentence or disposition revoked (see coru'd pnqc )

,IUDGE

liME

COUI'H I OFFENSE

3 RESIST ARREST c268 §32G

DI"POSITION ~/JI:TIIOD

OUI VICTIMS /\SMT

D(~lliity Plea or I :1/\dJlllssion In ~jlll!kieni lncts accepted after f:nllnqllY <111<1 :~ IH ~2DD w;'lrninrJ

o Bench Trial

oJuryTrial

U Dismissed UpOJ1:

!J Request 01 Corrunonwenltl: 1 I !\equest 01 Victim

I.l r~f!quest 01 Lmlendaut

! j F(dhll(~ \0 prosecute

Uiller:

LJ I~(lilc Prnsnqm

I-I Uecriminnlizcrl (%77 1;70 C)

.I OUI ~i24D FEE

i

rI\TTERER'S FEE

COSTS

OTHER

II' Ii'l/\L DISPOSITION

f -1 Dismissed on recommendation of Probation Dept.

III Probation terminated; delendant discharqed

1-) Sentence or disposition revoked (see conl'd page)

,IULJGE

V/W ASSESSMENT

DATE

FINDING [JGuilly

r:J F~p.sponsible

o Probable Cause

I Nnt (;uilly

-I Nnt l\(~sponsible

l"] No Probable Cause

,11101\11 IN.lUI{Y I\Sh.rr

HESTITtITlOI,

VI;f:>jon2 n . !IIDr.

~~t=I~TEI-.JCE OR OTIIER DISPOSITION

iJ Sulficient facts found but continued without a finrlinq unlil: l"] lI"'f<l1[I'lI1t placor! on probation until:

rJ Administrative Suuorvision

iLlck!nrlClql pl~cc{j on prp.lrj'"lll}rnl1iltlon (27G ~~n7) tuutl: ! ! [I hc~ uu.nussoo II court costs / restitution P;}jrl by:

CRIMINAL DOCKET DOCKET ENTRIES

DEFENDANT WIld!:

Howard V Bryant

1141 CR000345

UOCI<ET NUMBER

DATE

uOCKET ENTRIES

I

I

, i·

I

!

i\PPROVED l,lH3REVIi\ TIOI-JS

f;.Hr~ ~ AI! aiH!lll"~ltl !' I J I ! 'I' ~I~ ,;l1i1l:;11 i: l~l ! I{X fJi:>CllVt!f',' c.t!!JIpli:llu:,~ c Illty !;:l!h~{;tillrl ',:' TR ,... nl!1!t.:iJ 1(1:11 .II E .lmy trial ['(:Ii = Prllll:lllk: cnusc huaur I!l MUT'"' Mn\illH ! Ic.;lrin!J -:::'1 U;: ,- :.;t;I!!I~~ il~vh~w

;;Hf' ::: Stutus w~'il!t'!!l1 PO!~'!lI!!lIt!, I A'I :.: rn::l ;11,:,f'ilram:e III jill")' ~;t!~;Sln!l ::1 H - SU!l\l!nt:lnq eVi'! . (':Illlillll;I!II:I"~~'llhoul-lindinH $chcrilliud In umuin.uo r'r{{) - P(otmlirlli SdH!chJlnd 10 tcmnunu:

(If 1"1\ = [Jd,!ml;u!l i:ulelJ ttl ,1!Jpl::lf r. t":;IS {ild:lI!hl'rI 'i'-.'I\H ::: V\,I:llf~JIlI f::~:ljI'(1 '.".'/\I!n =- Ui'l:ulh ~"';!l1;1l,! e:,.IJt!cj ',".'1:·· vvarouu or del<llll! \':;·!rr;Ul· (1:C::II!{!d I'VI! - ;II,.j':l!Hlll fI'Vlll:;I!I!'l! h,:;!linq

I bId! iJllt) I 'fUll,,!!- (L'-;'Ii·;~n II Ill' 1:, .' ,

Greenfield District Court Probation Department 425 Main Street Greenfield MA 01301

774-5531

NO(s).

:£:"

Trial Court of Massachusetts "'~,f"f4)R District Court Department ~

ORDER OF PRETRIAL RELEASE AND/OR PRETRIAL PROBATION

/41

FAILURE TO OBEY THIS ORDER MAY RESULT IN

YOUR ARREST AND INCARCERATION.

COURT

IF YOU ARE CHARGED WITH ANOTHER CRIME WHILE RELEASED, YOU MAY BE INCARCERATED WITHOUT BAIL FOR UP TO 60 DAYS.

TO THE DEFENDANT: It is hereby ORDERED that you must comply with all conditions that are checked or filled-in below pursuant to

[pretrial release]: 0 G.L. c. 276, § 58; ¥J. G.L. c. 276, § 42A and/or [pretrial probation} 0 G.L. c. 276, § 87

Pretrial release conditions remain in effect until you are finally discharged by the Court on these charges.

Pretrial probation conditions remain in effect until these charges are resolved by trial or other disposition.

1. ~"
2. ~
3. ~
4. ~
5. 0
6. 0
7. fo1
8. 0
9. 0
10. 0
11. 0
12. 0
13. 0
14. 0
15, 0
16. [J
17. 0
18. 0
19. 0
20. 0
21. 0 OBEY all local, state and federal laws and court orders, including abuse prevention orders and support orders.

NOTIFY the probation department immediately if you change your residence or mailing address or if you change your contact information or employment.

REPORT to your probation officer as he or she requires, or as ordered by the Court 0 by/in _

o times per week.

Make no false statements to your probation officer, and sign any releases needed to verify your compliance.

DO NOT LEAVE MASSACHUSETTS unless you get the express permission of your probation officer and sign a waiver of rendition. SURRENDER YOUR PASSPORT to the court and do not seek to obtain a replacement passport.

REFRAIN FROM ABUSE (as defined in G.L. c. 209A, section1) of V t? ID () ~ q (Ie 13 r'i a a +

HAVE NO CONTACT wilh _

STAY (distance) AWAY FROM :............ _

STAY AWAY FROM {address) _

REMAIN 0 DRUG FREE 0 ALCOHOL FREE ~ SUBMIT TO RANDOM TESTING

A TIEND and verify to your probation officer meetings per week of 0 AA1NA 0 _

RESIDE 0 in/at: 0 with: _

COOPERATE in a MENTAL HEALTH evaluation and any recommended treatment; sign any releases needed to verify compliance. TAKE MEDICATION as prescribed by a licensed medical provider and verify compliance; sign any releases needed to verify compliance.

DO NOT DRIVE a motor vehicle. 0 SURRENDER your driver's license to your probation officer.

COMPLY with 0 HOUSE ARREST I home confinement order. 0 ELE,CTRONIC MONITORING order. 0 SOBRIETER order. 0 GPS order.

PARTICIPATE in program and prove completion by (date) _

PERFORM and verify hours of COMMUNITY SERVICE as' directed by probation.

PAY your LEGAL COUNSEL FEE of $ 0 or perform hours of community service by your next court date.

PAY your PROBATION SUPERVISION FEE of $ each month 0 or perform hours of community service each month.

22. 0 OTHER CONDITIONS: _

SIGNATURE OFINTERPRErER, if any: I have translatedlhe terms of this Order and the acknowledgment set forth above to the defendant prior to his/her signature.

x

DATE:

DATE:Z-

APPEARANCE OF COUNSEL

Greenfield District Court 425 Main Street Greenfield. Ma. 01301

Trial Court of Massachusetts

District Court artment

DOCKET NUMBER:

COURT NAME AND ADDRESS

t~

CASE TYPE"

CASE NUMBER

• e.g. '93", "94" etc. "e.g. "CR", "CV" etc.

,CITYITOWN

I )V 0 /? '/1J71ft1 -n- oA-J

To the Clerk - Magistrate:

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COMMONWEALTH OF MASSACHUSETTS

<~ ,

Franklin, ss.

COMMONWEALTH

v.

HOWARD BRYANT

Dept. of the Trial Court District Court Department Greenfield Division Docket No.

) ) ) ) ) )

MOTION TO PRESERVE ALL EVIDENCE, IN PARTICULAR ANY AUDIO OR VISUAL RECORDINGS, PURSUANT TO Mass.R.Crim.Pro R.14(a)(1)E)

NOW COMES the Defendant in the above captioned matter and moves this honorable .Court to order the Commonwealth to preserve all evidence in the possession, custody, or control of the Commonwealth, including but not limited to the Massachusetts State Police and the Buckland Police Department. Defendant makes this motion pursuant to Mass.RCrim.Pro R 14(a)(1)E) which states:

(E) Notice and Preservation of Evidence. (i) Upon receipt of information that any item described in subparagraph (a)(1)(A)(i)-(viii) exists, except that it is not within the possession, custody or control of the prosecution, persons under its direction and control, or persons who have perticipeted in investigating or evaluating the, case and either regularly report to the prosecutor's office or have done so in the case, the prosecution shall notify the defendant of the existence of the item and all information known to the prosecutor concerning the item's location and the identity of any persons possessing it. (if) At any time, a party may move for an order to any individual, agency or other entity in possession, custody or control of Items pertaining to the case, requiring that such items be preserved for a specified period of time. The court shall hear an'd rule upon the motion expeditious/y_ The court may modify or vacate such an order upon a showing that preservation of particular evidence will create significant hardship, on condition that the probative value of said evidence is preserved by a specified alternative means. [emph. added]

In particular, Defendant asks for a preservation order with respect to any visual or audio recordings or photographs, (including but not limited to any images recorded by a device affixed to or within any of the police vehicles involved in the incident giving rise to the instant complaint) as well as all papers, books, documents, tangible objects, or copies or portions thereof, which are within the possession, custody or control of the Commonwealth, which are relevant to the instant complaint.

The Defendant states as reasons therefore that the foregoing request is fair and reasonable, s insofar as the allegations are said to have resulted from the interactions between the defendant and the responding law enforcement officers, any recordings or other information that relate to such interactions are necessary and material to the proper presentation of the defense.

THE DEFENDANT

Dated: February 28, 2011

- -~Iewart Eisenberg, Esq.

WEINBERG & GARBER, r.c. 71 King Street

Northampton, MA 01060

(413) 582-6886

.BBO#:

CERTIFICATE OF SERVICE

I, Stewart Eisenberg, hereby certify that the attached PRESERVATION MOTION PURSUANT TO Mass.R.Crim.Pro R. 14(a)(I)E) was served upon the COMMONWEALTHs attorney, in hand, this 28th day of February, 2011.

Version 2 ,0 • 11106

r •.
CRIMINAL COMPLAINT DOCKET NUMBER NO. OF COUNTS Trial Court of Massachusetts '"
I 't.
District Court Department "_,
POLICE COpy 1141 CROO0345 .'
I 3
I !
I lJEFEI'!DANT r'Y\ME s ADDRESS couar N/\ME " 1\[lm,ESS ;
i
Howard V Bryant Greenfield District Court !
425 Main Street
Ashfield, MA 01330 Greenfield, MA 01301
.(413)774-5533
DEFENDANT DOB I COMPLAINT ISSUED DATE OF OFFENSE ARREST DATE
02/28/2011 02/26/2011 0212612011
I r I
OFFENSE CrTY I TOWhl I OFFENSE ADDRESS NEXT EVENT DATE & TrME I
Buckland ! Bridge S1. 02/2812011 8:45 AM
t
., . , . ':J' ., = . >0 . i l' OLiCE DEPfll, TIVlEI'H SP Shelburne

I hlEXT SCHEDULED EVEf'T I !\ITi.l19nmeI1i

I

C'VI 1 ·lIG2-000689

OGTN TSB2201100,193

I ROOM I SESSION Administrative Session

The undersigned complainant, on behalf of the Commonwealth, on oath complains that Oil the daters) indicated below the defendant committed the offense(s) listed below and on any attached pages.

COUNT 1

CODE 2G5/13AIB

DESCRIPTION A&B c265 §13A(a)

all 02/26/2011 did assault and beat Veronique Bryant. i'l violation of G.L. c.265, §13A(a). F'EhIALTY: hour.e of corrccuon not more than 2:;' years: or not more than $'1U00 fine.

2

;!G5/13D/A

J\&8 ON POLICE OFFICER c265 §i3D

0'102/26/2011 did assauu and beat Trooper Doak, a police officer who was then enf!"fled in the performance of his or 11("" duties, ill violation 01 (;;.1 .. c.LD5. §13D.

PEI\)AL TY: house of correction not less than 90 days. "01 more than 2:;' years: or not less than $500, not 1110re than $5000.

3

2681328

RESIST ARREST c268 §328

01102126/2011 did knowingly prevent or attempt to prevent a police officer. as defined in G.L. c. 268, §32B(c), who was acting LInder color of his or her official authority, from effecting an arrest, by: ('I) using or threatening to Lise physical force or violence against the police officer or another; or (2) using some other means which created a SUbstantial risk of causing bodily injury to such police officer or another, in violation of GL c. 268, §32B.

PENALTY: jail or house ot correction tor not more than 2:;' years; or not more than $500; or both.

SIGt'!ATlIRE OF COMPLtdl~ANT

i ~;\".IOI~I' TO BEFORE CLERK·Iv1AGISTRATEIASST.CLERK/DEP. ASST. CLERI'( I ,.-

1,,\

I DATE

)(

CLERK-M!,GISTRATEI ASST. CLERK

DATE

NAME OF COlvll"L/\INAN'1

'/' TRUE

I COPY ATTEST

y

Notice to Defendanr: 42 U.S.C. § 3796gg-4(e) reoutres this notice: If you are convicted of a misdemeanor crime of domestic Violence you may be prohibited permanently from purchasing and/or possessing a firearm and/or ammunition pursuant to 18 US. C. § 922 (g) (9) and other applicable related Federal. State, or local lows.

02/28/2011 09: 00 FAX 14136252042

Shelburne MSP

!4J 000l/0:OP5

APPLICATION FOR' CRIMlf:'JAL COMPLAINT

I APPL1CATION NO. (COURT USE ONLY) I

Page 1 of 1

TRIAL COURT OF MASSACHUSETTS DISTRICT COURT DEPARTMENT

I, the undersigned complainant. request that a criminal complaint issue against the accused charging the offense(s) fisted below. If the accused HAS NOT BEEN ARRESTED and 'the charges involve:

o ONLY M ISDEMEANOR(S). I request a hearing 0 WITHOUT NonCE because of imminent threat DBODIL Y INJURY 0 COMM ISSION OF A 0 FLIGHT 0 WITH NOTICE to accused o ONE OR MORE FELONIES. ! request a D WITHOUT o WITH NOTICE to accused o WARRANT is requested because prosecutor represents that accused may not appear unless

Greenfield DC 425 Main Street Greenfield. MA 01301

ARREST STATUS OF ACCUSED [K]HAS 0 HAS NOT been arrested

INFORMATION ABOUT A.CCUSED .'

NAME (FIRST MI LAST) AND ADDRESS HOWARD V BRYANT

BIRTH DATE

SOCIAL SECURITY NUMBER

ATUS

PCFNO,

ASHFIELDMA 01330

LICENSE STATE MA

DRIVERS LICENSE NO.

GENDER Male

HEIGHT 510

WEIGHT 200

EYES Brown

HAIR Bald

RACE Black

Medium

COMPLEXION SCARS/MARKSfTATTOOS BIRTH STATE OR COUNTRY

MOTHER MAIDEN NAME

Boston MA

DAY PHONE

EMPLOYER/SCHOOL ESPN

COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION WILL BE DATE OF HEARING

HELD AT TH~ ABOVE COURT ADDRESS ON AT

FATHER'S NAME

COMPLAINANT NAME (FIRST MI LAST) Trooper Brian Doak

ADDRESS

State Police Shelburne Falls 269 Mohawk Trail Shelburne Falls, MA 01370

OFFENSE CODE

265-13D·A

2

PD M,S'p.

DATE FILED ~-J.'7-(r

TlME OF HEARING

.. ." ,~ .. : ;

OFFENSE CODE 268-32B

DATE PROCESSING OF NON-ARREST APPl.ICATION (COURT USE ONI.y) --eI2ERKI"UDGE -

REMARKS

CAU. SE FOU~FOR ABOVE OFFENSE(S)

1 i ct2 JLJ 3 BASED ON

FOi("TH IN ATTACHED STATEMENT(S)

F1T""'.,."",.JV RECORDED: TAPE NO:. _

START NO: END NO: _

o WARRANT 0 SUMMONS TO ISSUE ARRAIGNMENT DATE:

o FAILURE TO PROSECUTE DAGREEMENT OF BOTH

DOTHER

COMMENT

. - ..•. :.

COURT COpy

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