Edgartown District Court Judge Benjamin Barnes threw out charges against a defendant in a West Tisbury case where a mother and her children allegedly received death threats. Robert McLaughlin was one of four people charged with home invasion, armed robbery, larceny from a building, and breaking and entering at night, among other crimes, after allegedly traveling to a West Tisbury home in March to demand money from a juvenile.
McLaughlin, 22 at the time, rolled into the Scott’s Grove affordable housing development with 25-year-old Ryan Fisher, 18-year-old Matthew Medeiros, and 19-year-old Travis Viera, according to Edgartown and West Tisbury Police reports. Upon finding the right house, Medeiros and Viera allegedly accosted the mother of the juvenile, with Viera entering the house. Viera allegedly behaved as though he had a gun inside the front pocket of his sweatshirt and told the mother he would kill her and her kids if he didn’t get the money he wanted.
The mother fled the home, whereupon Viera allegedly pilfered a PlayStation from her house, according to police. A neighbor allegedly heard Viera say that he would come back for her television if he didn’t get his money. The four men reportedly fled the scene in a blue Subaru before West Tisbury Police arrived. They were eventually chased by Edgartown Police to a residence on Metcalf Drive. Fisher, who police say was the driver, fled the vehicle. Edgartown Police reportedly found McLaughlin in the front passenger’s seat, and Medeiros and Viera in the backseat. Medeiros and Viera were subsequently arrested by West Tisbury Police. McLaughlin was not arrested at the scene, but later West Tisbury Police issued an arrest warrant for him. Police reportedly found a PlayStation in the Subaru near where Viera sat, though no guns were found. Fisher was issued a summons and additional charges stemming from the incident at Scott’s Grove; he was charged with negligent operation of a motor vehicle, speeding, and failure to stop for police. Additionally, a license suspension request was sent to the Registry of Motor Vehicles, “based on the flagrancy” of Fisher’s failure to stop, a report states.
Via Zoom, attorney Matthew Schmitt appeared Friday for Fisher, attorney Matthew Kelley appeared for Medeiros, attorney Jenny Margeson appeared for McLaughlin, and attorney Robert Nolan appeared for Viera.
Cape and Island Assistant District Attorney Michael Preble told the court the commonwealth would not bring any charges in the case before a grand jury. Preble said the commonwealth would decline to prosecute the charge of home invasion, and would amend down the charge of armed robbery to assault with a dangerous weapon. None of the defendants’ attorneys objected to this.
Margeson pressed a motion to dismiss charges against McLaughlin because, she said, there was no indication he was involved in a crime. “In fact he was released from the scene, driven home by the police department on that evening,” she said.
She argued the police “believed they didn’t have probable cause to arrest him.”
Preble said McLaughlin “knowingly and intentionally participated in this event …” He added that a “reasonable inference” could be made that McLaughlin was acting as a lookout.
“Nowhere in any of the police reports did I read that there was a joint venture charge, or that Mr. McLaughlin participated in any manner,” Margeson said. “The only allegations were that Mr. McLaughlin was a front-seat passenger in a vehicle that traveled to the residence. He did not drive the vehicle. He did not get out of the vehicle. He did not participate in the [breaking and entering] as alleged …”
Barnes zeroed in on the facts that McLaughlin wasn’t arrested at the scene and that he was driven home by police. “How’s that saying he’s involved?” he asked Preble. He went on to say, “Seems like a pretty good inference that he wasn’t involved.”
Barnes ruled the prosecution didn’t meet the burden for probable cause, and upheld Margeson’s motion to dismiss the charges against her client.
Criminal Clerk Patrick Flynn told McLaughlin he could recoup from the court $200 he posted in bail.
Margeson later told The Times she found the home invasion and armed robbery charges dubious because no firearm was ever recovered. But that was beside the point. “It was clear to me my client was not a participant,” she said. She added she found Judge Barnes’ ruling appropriate: “I think it’s a good resolution for my client.”
The remaining three defendants are expected back in court on Jan. 29.