BROCKTON — A Brockton man accused of the June 2 shooting of a Fall River woman during an altercation at a Brockton house party was ordered held without bail during a dangerousness hearing at Brockton District Court last week.
Jonathan Alves, 27, of Brockton, is facing several charges, including assault and battery with a dangerous weapon and assault with intent to murder after he allegedly pulled out a gun and shot a woman who prosecutors say was engaged in a physical fight with Alves' girlfriend.
Police say Alves was identified as the shooter and was arrested after the incident occurred.
‘Incredibly reckless’ shooting: What happened?
According to Assistant District Attorney Elizabeth O’Connell, Alves shot the woman shortly after 1:40 a.m. during an altercation involving multiple women, including Alves' girlfriend.
“[Alves] stepped in, noting that his girlfriend was one of the girls being attacked in this altercation,” O’Connell said. “He said, ‘I’ve got my switch’ and then pulled out a firearm and started shooting.”
The woman, who is currently unidentified, suffered a gunshot wound to the chest and was transported to a Boston hospital for treatment, police said.
Alves was identified as the person who shot the victim by a witness on scene and was arrested outside of the home, O’Connell said.
“This is an incredibly reckless shooting,” O’Connell said. "This defendant did not need to get involved in what was going on. This was a fight between other individuals."
O’Connell also claimed that the females involved in the original fight didn’t have any firearms or weapons.
“When this defendant stepped in, I believe his girlfriend’s hair was being pulled,” she said. “He intervened in a fight that didn’t involve him, with a firearm.”
The defense: Who shot the gun?
According to Alves' defense attorney James Murphy, it is unclear who actually fired the weapon that struck the victim since multiple individuals were carrying firearms that night. Murphy also alleges that the witness who identified Alves gave conflicting reports to different police officers.
“At one point, she identifies Alves as being there and potentially having a firearm, but she says she does not see Alves fire the shots that purportedly struck the young woman,” Murphy said. “In another report, there’s a different version.”
Murphy also argues that there is some question as to whether the victim in the altercation was actually unarmed.
“The woman who was shot has a license to carry a firearm,” he said, noting that the car the victim arrived in contained a holster for a firearm. “Nobody asked the woman who was shot nor this witness who described the event if the victim — who has a license to carry, who has a holster — did she pull a firearm during this event?”
According to Murphy, the evidence points to at least two firearms being used during the altercation.
“They recovered approximately 12 shell casings from a 9mm firearm, approximately 5 shell casings from a .380 firearm and a couple of miscellaneous bullets laying around the area,” Murphy said.
“From the information I have gathered, the young lady was firing the firearm at people at this party,” he said. “There is a dramatically different version of events that I suggest is going to come out over the course of time.”
Murphy argued that Alves be found not dangerous and be released on a $5,000 cash bail with the condition that he continue to wear a GPS device from a prior court case.
'No conditions that are going to keep the community safe'
O’Connell argued that there are absolutely no conditions that are going to keep the community safe should Alves be released.
“The court cannot set a condition to not possesses a firearm and expect this defendant to follow it,” she said, noting that Alves has an open case out of Plymouth Superior Court for similarly situated firearms charges.
“This is now his second open case that involves being an unlicensed carrier of a firearm,” O’Connell said. “Furthermore, based on the facts in the police report, other individuals that he is presumably friendly with have access to firearms.”
“This is also an instance where I have incredible safety concerns should this defendant cut off his GPS, which I would argue is predictable based on his pattern of conduct,” O’Connell added.
Murphy argued that Alves has been on a GPS bracelet for the last three years with only a couple curfew issues.
“He’s been out on a bracelet working two jobs and he’s looking to get into school in September to get his electrician’s license,” he said. “This is a young man who has taken dramatic steps to move forward,” noting that since his previous charges three years ago, Alves has remained out of trouble.
Judge Meghan Spring ultimately declared Alves "dangerous" and ordered him held without bail.
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