Pubdate: Wed, 08 Mar 2006
Source: Worcester Telegram & Gazette (MA)
Copyright: 2006 Worcester Telegram & Gazette
Contact:  http://www.telegram.com/
Details: http://www.mapinc.org/media/509
Note: Rarely prints LTEs from outside circulation area - requires 
'Letter to the Editor' in subject
Author: Gary V. Murray, Staff

SJC DECLINES TO ACT ON GUN, DRUG SEIZURE

WORCESTER-- A state Appeals Court ruling that a police officer acted 
properly when he seized a gun and drugs from a Worcester man three 
years ago has been allowed to stand.

Reversing a Superior Court judge's suppression of evidence decision, 
the Appeals Court ruled on Dec. 19 that Worcester police Officer 
Carmelo Oquendo acted "within permissible bounds" when he seized a 
handgun, cocaine and marijuana from Luis O. Vega on the afternoon of 
May 30, 2003.

Sean J. Gallagher, a lawyer representing Mr. Vega, filed an 
application for further appellate review to the state Supreme 
Judicial Court Jan. 12. The application was denied by the state's 
highest court March 1, according to court records. The denial allowed 
the Appeals Court decision to stand.

Mr. Vega, 23, of 5 King St., had been held on $50,000 cash bail on 
firearm and drug charges pending against him in Worcester Superior 
Court as a result of his 2003 arrest. On Sept. 6, 2004, Judge John S. 
McCann allowed a motion to suppress evidence in Mr. Vega's case that 
had been filed by his lawyer, David L. Cataldo. The judge found that 
Officer Oquendo, a 10-year veteran of the Worcester police gang unit, 
was "simply operating on a hunch" when he stopped Mr. Vega near the 
corner of Main and King streets and found a .22-caliber handgun, 
cocaine and marijuana on him.

Officer Oquendo lacked reasonable suspicion to stop Mr. Vega and the 
stop and seizure were therefore illegal, according to Judge McCann's ruling.

On Oct. 1, 2004, Judge McCann released Mr. Vega from custody on 
personal recognizance. Mr. Cataldo had requested a bail reduction in 
light of the suppression ruling. As conditions of his release, Mr. 
Vega was ordered to remain drug-free and to keep away from guns.

On June 6, Mr. Vega was charged with murder in the June 4 shooting 
death of 30-year-old Luis A. Rosario of Milford in the Great Brook 
Valley housing project. He is now being held in custody without bail 
on the murder charge, which is also pending in Worcester Superior 
Court and has been continued to April 3.

According to a transcript of Officer Oquendo's testimony during a 
hearing on the motion to suppress in the gun and drug case, Mr. Vega 
was among a group of men blocking the sidewalk at Main and King 
streets on the afternoon of May 30, 2003. The officer described the 
area as one of the city's "hot spots" for criminal activity.

Officer Oquendo testified that he and other members of the gang unit 
approached the group in a cruiser, intending to disperse the crowd. 
As he and the other officers got closer, Mr. Vega, who was talking on 
a cell phone, turned and looked in the direction of the cruiser, 
according to Officer Oquendo.

He said Mr. Vega then turned away, switched the cell phone to his 
left hand, reached toward his waist area with his right hand and 
began to walk off. The officer testified that he exited the cruiser 
and called out to Mr. Vega, who continued to walk away. Officer 
Oquendo said he called out to Mr. Vega again and Mr. Vega turned 
around and began to approach him.

It was at that point, the officer said, that he noticed a "bulge" in 
the area of Mr. Vega's waist. Officer Oquendo testified that he 
conducted a "pat frisk," found the handgun, determined that Mr. Vega 
did not have a license to carry the weapon and arrested him. He said 
he then discovered the drugs in Mr. Vega's pockets.

While Judge McCann found the stop-and-search to be unlawful, the 
Appeals Court said the circumstances of the case, particularly Mr. 
Vega's "arm movement toward his waist," justified the stop. The 
appellate court further found Officer Oquendo was "authorized, after 
making the stop, to pat-frisk the defendant for the officer's protection."

Mr. Vega is due back in court today on the gun and drug charges.
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