Martha's Vineyard District Court Report

Published: March 12, 2009

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February 26, 2009

Deirdre L. Brown, Edgartown; DOB 5/21/64, forgery of document: dismissed; utter false writing: ten months probation.

Holly A. Hernandez, Oak Bluffs; DOB 8/13/73, intimidating a witness: continued to pretrial conference.

February 27, 2009

Eric W. Bendavid, Oak Bluffs; DOB 8/10/62, use of motor vehicle without authority: continued without finding for six months or an alternative sentence of 30 days committed in the house of correction.

John Cogill, Vineyard Haven; DOB 8/5/52, failure to stop/yield: responsible, must pay $100 fine; marked lanes violation: responsible, must pay $100 fine; negligent operation of motor vehicle: continued without finding for one year, must pay $21 PSF.

Benjamin D. Fogg, Edgartown; DOB 11/21/82, OUI-liquor or .08% & serious injury and negligence: guilty - five years in the house of correction, nine months to serve, balance suspended, probation for four years; negligent operation of motor vehicle: guilty, three years probation from and after count 1; leaving the scene of personal injury: guilty, three years probation concurrent with count 1; speeding: responsible, filed; leaving the scene of property damage: guilty - six months in the house of correction concurrent with count 1.

Benjamin D. Fogg, Edgartown; DOB 11/21/82, leaving the scene of property damage: dismissed; malicious destruction of property over $250: dismissed.

Benjamin D. Fogg, Edgartown; DOB 11/21/82, malicious damage to a motor vehicle: guilty - three months in the house of correction concurrent with count another charge.

Benjamin D. Fogg, Edgartown; DOB 11/21/82, operating motor vehicle with suspended license: guilty - 10 days in the house of correction concurrent with another charge.

Benjamin D. Fogg, Edgartown; DOB 11/21/82, OUI-liquor or .08%, 2nd offense: guilty - two years in the house of correction, six months committed, balance suspended, four years probation with level III supervision and prohibited from operating a motor vehicle in the Commonwealth, must pay $65 PSF; negligent operation of motor vehicle: guilty three years probation from and after count 1; marked lanes violation: not responsible; operating motor vehicle with suspended license: guilty, filed.

Benjamin D. Fogg, Edgartown; DOB 11/21/82, malicious destruction of property over $250: guilty - 30 days in the house of correction concurrent with another charge; vandalize county building: dismissed.

Darren L. Gilbert, Oak Bluffs; DOB 1/5/68, assault and battery: Nolle Prosequi (state declined to prosecute).

Nathaniel L. Lally, St. Paul, MN; DOB 5/12/79, speeding, OUI-liquor or .08%, 3rd offense, negligent operation of motor vehicle, and registration not in possession: continued to pretrial conference.

When information on arraignments and dispositions on a given date are unavailable as of press time, that information is presented in a future issue. Addresses and dates of birth have been added to clarify identities.

Key to Abbreviations

HIF=head injury assessment fee - OUI-liquor or .08%=operating motor vehicle w/percentage, by weight, of alcohol in blood of .08 or greater or while under the influence of intoxicating liquor - PSF=monthly probation supervision fee - VDD=victims of drunk driving trust fund fee - VW=victim witness assessment fee

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