A 34-year-old Quincy man who permanently blinded another man in one eye during a violent altercation outside the Ritz Cafe in Oak Bluffs last summer was sentenced to one year in jail, after pleading guilty at the Edgartown District Courthouse on Friday.
Frank Mogavero changed his plea from not guilty to guilty on charges of assault and battery causing serious bodily injury and disorderly conduct from the incident in June last year.
“I am here to admit wrongdoing,” said Mogavero at the courthouse on Friday.
At the hearing, Dukes County Superior Court Judge Maureen Hogan went against the recommendation of the prosecutor on the case from the Cape and Islands District Attorney’s office, John Wheatley, to sentence Mogavero to three years in state prison. Instead Mogavero was sentenced to 2½ years at the Dukes County Jail and House of Correction in Edgartown. He will serve one year at the facility, and the remaining 18 months of his sentence will be suspended during a three-year probationary period. If Mogavero commits any crimes during his probation, the remaining months of his sentence will be served back at the correctional facility.
In a video of the attack obtained by The Times after the incident last year, three men and three women can be seen on the corner of Circuit Avenue outside the Ritz Cafe. A shouting match within the group escalated, then one man punched the victim. After the victim was knocked to the ground, one individual could be seen stomping on him, and another individual, identified as Mogavero, was seen repeatedly punching the motionless man on the ground.
Judge Hogan called the attack “extremely violent,” and said that the injury Mogavero left the victim with was a “life sentence.” But Hogan said she saw genuine remorse in Mogavero, who was sobbing through parts of the hearing.
“I cannot bring his sight back, but I can bring him some justice,” said Hogan at the hearing before issuing her sentencing.
Mogavero was issued conditions for his probation, including no consumption of alcohol or drugs, to submit to random testing using the secure continuous remote alcohol monitor (SCRAM), receive mandatory counseling for trauma and anger management, to stay away and have no contact with the victim, and to pay $1,500 in restitution.
At the courthouse on Friday, Mogavero’s defense attorney, Scott Martin, explained his client’s traumatic upbringing, consisting of dozens of foster homes. Martin also highlighted that Mogavero owns a business on the Island, and that the courtroom benches were filled with Mogavero’s family members. Martin said this was evidence of the loving network Mogavero created in his life, despite a challenging childhood.
“All these people here are here because they love Frank, and he’s a good man,” said Martin.
Hogan also noted that in the video of the fight from last summer, it appears Mogavero’s initial intent was to break up the fight, but when the victim fell into Mogavero, he lost control.
“What I saw in your actions was rage, uncontrolled,” said Hogan at the hearing. “Learning over many days of your horrific childhood, I can see where your anger and reaction came from, and that’s trauma, the trauma you suffered. I also know you were highly intoxicated that night, and that also contributed to your crimes.”
Hogan said she believed a three-year state prison sentence would do more harm than good for Mogavero’s rehabilitation.
“I don’t see any value in a long state prison sentence, I actually think it would cause more harm for the community, and for you, if you went to state prison and got out. You would lose the life you put together, and I don’t know who you would be,” said Hogan.
“You have little criminal record, and you went on and started your own company, and that is impressive and commendable, particularly considering where you came from originally. I also know that you’re remorseful, from what I’ve seen here,” she added.
After the sentence was imposed, Mogavero was handcuffed in the courthouse and taken into custody to begin serving his one-year term at the Dukes County Jail and House of Correction.
“I sincerely wish you the best of luck and good life going forward,” said Hogan to Mogavero as the courtroom adjourned.
Victim should SUE And Heavily. Not One Mention of the MEDICAL EXPENSES of the Victim nor HIS Narrative. Maybe The entire Business will Be GONE by the TIME? One Year?
Really? I would APPEAL & SUE Nobody Cares about HIS CONNECTIONS. He’s A FELON.
Amen ! Judge is heartless to the victim. Restitution of expenses is minimal concern compared to message the repetition of beyond lenient decisions coming out of that court house on a regular basis.
Only one year?
This is a slap on the wrist considering the life long blindness that the victim received.
It’s also interesting how the paper chose to not identify the company that the admitted felon owns. Why are you protecting his livelihood?
Gold Star Fence and Gold Star Plumbing in case anyone was curious.