SALEM— The cross-examination of Elijah Fontes-Wilson, the alleged driver in the July 4, 2020 shooting at 134 Fayette St., continued Thursday at Salem Superior Court. This was the seventh day in the trial of Lynn man Marcus Carlisle and Everett man Tyrell Berberena, who are accused of murdering Noe Hernandez and injuring four others in the drive-by shooting.
Before Fontes-Wilson took the stand, Justice Salim Tabit told the counsel that he chose to allow the defense to present Fontes-Wilson’s rap lyrics as evidence under the belief that the prosecution’s witness “repeatedly underplayed” his role in the retaliatory shooting.
On June 13, 2020, Fontes-Wilson and other members of the Tiny Rascals Gang were allegedly shot on Hardwood Street. In past testimony, Fontes-Wilson told the court that the July 4 shooting was in retaliation for the June 13 shooting.
Berberena’s attorney Brian Kelley asked Fontes-Wilson to read profanity-laden lyrics from a rap song he had written about the June 13 shooting. The lyrics, Kelley said, were found inside Fontes-Wilson’s Cook Street home on July 6, 2020, and featured lyrics promising retaliation against the gang that shot him.
“Police arrived on the scene hoping they could wrap me in a sheet,” Fontes-Wilson read. “You in the casket, yeah … load up the clips and rev up the motor … started running his lips so we showed him.”
A day after Fontes-Wilson testified that he initially created, as Carlisle’s attorney James Krasnoo put it, “a whole castle of lies” when he spoke with police July 5, 2020, the defense turned its attention to when Fontes-Wilson spoke with police two days later.
Krasnoo presented footage from a surveillance camera located on Union Place that showed two men, who Fontes-Wilson identified as himself and Carlisle, on the night of the shooting. Though the white Ford Ranger allegedly used in the shooting was not in the video, it appeared that Fontes-Wilson and Carlisle were walking down the street away from the car.
Krasnoo referenced Fontes-Wilson’s conversation with police where a trooper asked him what color shirt Carlisle was wearing that night. He initially said he was wearing a blue polo shirt, but then said “Actually, I think I might have screwed that up.” He then told police that he put a black sweater over the shirt. However, the video appears to show that Carlisle was not wearing a blue polo shirt, nor was he wearing a black sweater.
“Marcus Carlisle is wearing a white shirt is he not?” Krasnoo asked.
“He is,” Fontes-Wilson replied.
“He’s not wearing a blue polo shirt at all is he?”
“No.”
“And he’s not wearing a black hoodie is he?”
“No.”
Later in the same video, Berberena allegedly appeared wearing shorts. Toward the end of the morning session, Kelley also asked Fontes-Wilson about his defendant’s apparel that evening.
“On July 7, when you were interviewed by the police department, you told them the person you’re saying is Mr. Berberena was wearing pants right?” Kelley said.
“Yes,” Fontes-Wilson replied.
“Now that person right there [in the video] that you say is Mr. Berberena, does not have pants on, correct?” Kelley said.
“Yes.” Fontes-Wilson said.
On the first day of the trial, Kelley said to the jury in his opening statement that he expected the jury to find Fontes-Wilson’s “relationship with the truth … to be a big problem in this case.” As a result, both Krasnoo and Kelley’s cross-examinations have focused on lies Fontes-Wilson told to police in an attempt to portray him as an unreliable witness.
Kelley also referenced time that Fontes-Wilson spent in state prison. In January 2016, he was found guilty of one count of armed assault with intent to rob in Essex County Superior Court. In October 2019, he was found guilty on one count of assault and battery in Lynn District Court.
Tabit instructed the jury that they “may consider these criminal convictions solely in connection with [the jury’s] evaluation of the witness’s credibility.”
In a brief line of questioning, prosecutor Susan Dolhun asked Fontes-Wilson to talk about his work with Roca, a non-profit organization focused on steering convicts and troubled youth away from urban violence.
Fontes-Wilson testified that he was a Roca member before the drive-by shooting and became an employee afterward.
“I helped out with schooling, sitting in classes, because once again, I was a participant for so long myself,” Fontes-Wilson said. “So I was familiar with all the programs that they had.”
He also confirmed that police did not offer him a cooperation agreement until August 2022, when the district attorney recommended that he be incarcerated for no less than five years but no more than nine years.
During Krasnoo’s cross-examination, Fontes-Wilson said that police had not promised him any financial compensation, witness protection, or reduced sentencing for his cooperation. However, he admitted they told him they would “do their best to protect him,” called him “brave,” and treated him well in return for the names of the alleged shooters.
“You knew that if you didn’t cooperate, you could be charged with first-degree murder. And first-degree murder, you already knew, is life imprisonment without possibility of parole, right?” Krasnoo asked.
“Correct,” Fontes-Wilson responded.
Fontes-Wilson also testified that he thought cooperation with police was the “only option” to avoid life in prison.
“If you didn’t give them the names they were not going to treat it as cooperation. Isn’t that clear?” Krasnoo asked.
“Yes,” Fontes-Wilson said.
Krasnoo asked Fontes-Wilson to confirm that he had to “come up with names” to avoid a prison sentence.
“I had to come up with what I knew,” Fontes-Wilson replied.
Before the trial adjourned, Assistant District Attorney Stefanie Stanbro called Lynn Police Officer Michael Pennell to the trial.
Pennell was dispatched to Union Place July 5, 2020 on a report of a car blocking someone’s driveway. Upon arrival, he testified, he saw five shell casings in the bed of the truck blocking the driveway, and a damaged passenger side view mirror.
“It appeared [the truck’s side view mirror] had been shot by a round, a bullet, twice,” Pennell said.
Pennell said that he worked patrol July 4, and heard descriptions of the suspected vehicle in that night’s shooting. After finding the truck, he said that he called dispatch, and now-retired Lynn Police Lieutenant Tom Reddy arrived to tow the car away for evidence.
Tabit adjourned the trial following Pennell’s testimony. It will resume at 9 a.m. Friday at Salem Superior Court.
