Five face charges in assault, drug cases

By Steve Myrick
Published: October 8, 2009

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A Dukes County Superior Court grand jury returned five criminal indictments Tuesday. The alleged crimes ranged from drug cases to a jail assault to a frightening armed robbery on the beach in Oak Bluffs.

Trevor Byrn, 18, and Alex Daignault, 19, will face Superior Court charges in the beach assault. Both men are from Bethel, Connecticut. Mr. Byrn faces charges of armed robbery, aggravated assault and battery with a dangerous weapon, a rock, and aggravated assault and battery. Mr. Daignault faces charges of unarmed robbery and aggravated assault and battery.

The beach robbery occurred in Oak Bluffs across from Ocean Park at about 10:30 pm on July 4. While responding to an unrelated call on Sea View Avenue, Oak Bluffs bicycle patrol officers saw a man on the beach knock another young man to the ground. As police approached the scene, two men fled in different directions on foot.

The patrol officers found two victims, including one young man who had been knocked unconscious for about 10 minutes and another who had been struck with a large rock and suffered a serious facial injury. Both victims had their wallets, cell phones, and cash taken from them.

Police said the attack was random, and the alleged assailants did not know their victims. Oak Bluffs police apprehended the suspects the following day, as they were about to board a ferry leaving the Island.

Also indicted by the grand jury Monday was James Metellus, 19, of Lowell. The grand jury returned indictments of assault and battery with a dangerous weapon, a urinal, aggravated assault and battery, and mayhem.

The assault took place at the Dukes County House of Corrections, where Mr. Metellus was serving a sentence for assault and battery. He is accused of assaulting another inmate, Greg Gerathy of Vineyard Haven, and smashing Mr. Gerathy's head against a urinal, causing serious injuries.

The grand jury returned indictments in two drug cases. Victor Cruz, 28, of New Bedford was charged with trafficking in the prescription narcotic oxycodone. He is charged under a section of the law that covers people caught with 28 to 100 grams of oxycodone, which carries a minimum prison sentence of seven years.

In the other drug case, Nelio Maciel, 35, of Oak Bluffs was indicted on a charge of trafficking in 200 grams or more of cocaine. He was also charged with intent to distribute Phencyclidine, commonly known as PCP or angel dust.

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