Charged in shooting, Amherst man ruled not dangerous

  • Malek Bosmond, 24, (center) was arraigned on multiple charges Friday, Dec. 22, 2017, in Eastern Hampshire District Court following an incident on the 500 block of Mill Valley Estates two days earlier. Bosmond was released on $1,000 bail Friday, Dec. 29, after a judge ruled he was not dangerous. GAZETTE FILE PHOTO

Friday, January 05, 2018

BELCHERTOWN — A 24-year-old Amherst man facing gun and assault charges was released on $1,000 bail Dec. 29 after a judge ruled he was not dangerous.

Judge Michael Mulcahy agreed to the release of Malek Bosmond during a dangerousness hearing in Eastern Hampshire District Court. Mulcahy imposed several conditions on Bosmond’s release, including GPS monitoring, a curfew and orders that he stay away from the alleged victim of the assault, as well as his co-defendant, Akeili Brown. Bosmond was also ordered to live with his girlfriend in Springfield.

Bosmond has pleaded not guilty to charges of assault in a dwelling armed with a firearm, assault and battery with a dangerous weapon, carrying a dangerous weapon and discharging a firearm within 500 feet of a building for his alleged role in an assault and shooting Dec. 20 at the Mill Valley Estates apartment complex off East Hadley Road in South Amherst.

Police officers responded to the 500 block of Mill Valley Estates that Wednesday at 12:38 a.m., where a handful of callers had reported a fight to police. When police arrived, they found a wounded man who had been shot in the leg and struck in the head by a metal pipe. The man, whom police identified as Charles Simmons, suffered injuries from the gunshot and pipe that were not considered life-threatening, and was taken by ambulance to Baystate Medical Center for treatment.

Assistant Northwestern District Attorney Matt Russo argued that Bosmond should be held in custody, arguing that Bosmond was involved in the assault.

As evidence, Russo cited comments Brown reportedly made in an interview with police during which he said he and Bosmond went to the apartment complex to fight Simmons’ stepson. Brown has pleaded not guilty to a charge of assault and battery with a dangerous weapon — a metal pipe. He was released last week on conditions that he submit to GPS monitoring and have no contact with Bosmond or Simmons.

Russo also presented witness statements from Simmons and others. He said Bosmond’s car was at the apartment complex and showed the court a portion of a surveillance video, which captured part of the alleged incident.

Defense attorney Alfred Chamberland called into question much of that evidence, including the reliability of the witnesses.

In his statement to police, Chamberland said, Simmons had identified two suspects who had begun to fight him after knocking on the door of an apartment he was inside: one who was tall with dreadlocks, who the state has argued was Brown, and one who was “very short” — around 5-feet 4-inches tall. Chamberland, who said he is 5 feet 6 inches tall, asked Bosmond to stand to show that he towered over Chamberland.

“This is not a very short man,” Chamberland said of Bosmond.

Chamberland also argued the state had no evidence that Bosmond was even at the scene of the shooting. He contended that Brown, who is Bosmond’s friend, drove Bosmond’s car from time to time and might have been driving it that day. He also argued that Bosmond isn’t identified in any surveillance video from the scene, and that the only gun that police entered into evidence was listed as belonging to Simmons’ stepson.

“There’s no firearm at all in this police report that’s attributable to my client,” Chamberland said.

Russo, the assistant district attorney, responded that the state’s investigation into the case is still ongoing, including the collection of evidence and interviews.

Dusty Christensen can be reached at dchristensen@gazettenet.com.