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This article was published 17 year(s) and 9 month(s) ago

Lynn shooting suspect denied bail

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December 7, 2007 by itemlive_news

LYNN-Moments before a Lynn District Court judge agreed with the prosecution Thursday to hold shooting suspect Deiby Felix without bail, a defense attorney tried to paint a picture of a victim who was not so innocent.Judge Michael Lauranzano ordered Felix, 24, of 111 Chestnut St., Lynn, held in prison without bail until his next court appearance Jan. 9. The defense requested Felix wear an electronic monitoring bracelet and be subject to home confinement and random drug and alcohol screenings.Lauranzano’s ruling was made at a 58A dangerousness hearing for Felix, who’s accused of holding a handgun to a man’s head outside a Houghton Street house party Nov. 24 and pulling the trigger twice.The gun jammed.The victim, identified in court records as Juan Garcia, 19, of Lynn, then punched Felix in the ribs and ran away, according to police reports.As Garcia began to run down nearby Light Street, Felix allegedly fired three rounds at him and missed.”We’re all fortunate? we’re not sitting here prosecuting a murder case,” said prosecutor Jen Kirshenbaum. “Only by the grace of God, the gun jammed that day.”While arguing against bail, Kirshenbaum said Felix has already served 90 days in prison for an unrelated case out of Peabody District Court and said he violated probation several times.”He’s violated probation in the past, which shows he doesn’t take seriously the rulings of the court,” she said.Police found two spent shell casings at 12 and 14 Light St. minutes after the shooting was reported.Felix’s defense attorney Frank Sanchez said there has been a long history of bad blood between Garcia and Felix.Among other allegations, Sanchez said Garcia had “tried to put a hit out” on Felix’s life in the recent past.The alleged attempted hit came not long after Garcia began dating the mother of Felix’s child.Garcia is a member of the Air Force and is being deployed to Germany in the next couple of days.According to Sanchez, Garcia got married to his girlfriend on Wednesday, which means she and her baby, of whom Felix is the father, will move to Germany this week with Garcia.”He can take Mr. Felix’s daughter and [the girlfriend] to Germany with no problems,” Sanchez said. “There’s certainly a motive of fabrication on the part of Garcia. Mr. Felix in custody makes it all that easier.”Sanchez said there were inconsistencies from witnesses the night of the shooting because some people said the shots might have been fired from a car, while others said Felix shot at Garcia while on foot.Felix will face a probable cause hearing in Lynn District Court on Jan. 9.

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