DA files appeal on dismissed Lynn murder charge

SALEM – Prosecutors in the Javon Walczak case have filed an appeal with the Appeals Court in Boston following a recent decision by a Superior Court judge dismissing the second-degree murder charge.Walczak had been charged with stabbing and killing another teen during a drug rip-off last summer.In Salem Superior Court Thursday, Assistant District Attorney Marsha Slingerland told Judge Timothy Q. Feeley that she has filed a notice of appeal on his recent decision and also wanted to stay the proceedings concerning the second charge of assault and battery against Walczak until a decision is reached on her appeal.Defense lawyer Jonathan Shapiro asked for more time to consider her request to stay the trial on the assault and battery charge pending the Appeals Court decision.Shapiro noted that the appeals decision could take a year. He also wanted to review the conditions of bail for his client.Feeley agreed to postpone any hearing until Dec. 14 on the stay and conditions of bail issues. Last month, Feeley dismissed the second-degree murder charge against Walczak due to insufficient evidence presented during a grand jury proceeding after Shapiro challenged the prosecution?s evidence.Walczak, 16 at the time of the incident, now 17, of 208 Edgemere Road, Lynn, has been charged with second-degree murder in the stabbing death of Rene Valdez, 16, of Medford, on the night of Aug. 9, 2010.Valdez was reportedly stabbed once in the neck and twice in the back in the Highlands section of Lynn, at the intersection of High Rock Street and Lawton Avenue.Valdez, who reportedly had previously bought marijuana from Walczak, arranged to buy more but, instead, was going to rob him of marijuana and his money.On the night in question, a fight ensued and Walczak allegedly pulled out a knife and stabbed Valdez numerous times.Darren Colucci, 18, of Swampscott, was also stabbed in the left side of his chest.Walczak is also charged with assault and battery, a knife, in connection with the assault on Colucci in connection with the case, allegations he has denied.Walczak remains free on $15,000 cash bail with house arrest, only to live with his grandparents.