SALEM — Marcus Carlisle and Tyrell Berberena were both sentenced to life without parole for the 2020 murder of Noe Hernandez, of Lynn, on Monday at Salem Superior Court. The pair was also sentenced to another 40 years each for other assault charges.
On March 14, 13 jurors found Carlisle, of Lynn, and Berberena, of Everett, guilty of murdering Hernandez and injuring four others in a drive-by shooting at a cookout in Lynn on July 4, 2020. The defendants fired 20 rounds into the crowd from a white pickup truck rented and driven by Elijah Fontes-Wilson, of Lynn.
During the trial Fontes-Wilson testified against Carlisle and Berberena under a plea agreement.
Justice Salim Tabit said during the sentencing hearing that he “may have felt differently” if the two did not have a record. He cited that Carlisle has been in and out of custody since he was a juvenile. Berberena, Tabit said, served five or six years on another assault.
“The reality is that we have a whole host of victims in this case, not just Mr. Hernandez who tragically lost his life but the four others who were seriously injured,” Tabit said. “And I do think that to not acknowledge each and every one of them, given the nature of this offense and how it was that they were injured, is not appropriate.”
During Monday’s sentencing hearing, the court heard from members of Hernandez’s family. His mother Rufina Felipe said she believes in forgiveness and repenting. She said that the entire situation has affected her very much, and that her husband told her she is one-third of the person she used to be.
In a statement, District Attorney Paul Tucker said he appreciates the jury’s patience in hearing the “long and complicated case.”
“The truth prevailed and I hope it brings some relief to Noe’s family and those injured in this intentional and unjustified attack,” Tucker said. “I also want to thank Lynn Police and the State Police Detective Unit assigned to the Essex County District Attorney’s Office for their expert work in locating witnesses, making arrests, and seeing this case through by testifying during this trial.”
Carlisle addressed the court Monday afternoon, and said he is innocent of the crimes he has been convicted of.
“I want to start this off by saying I didn’t do this,” Carlisle said. “I never thought I would be a man convicted of a crime I didn’t do. Not only that, I never thought that I would be convicted of a murder I didn’t do.”
Berberena declined to address the court. Berberena’s attorney, Brian Kelley, said that there are three ways in which innocent people get convicted in homicide cases. He said either the police do something that is untoward, the prosecution presents evidence that they know is false, or a defense attorney does not “zealously” advocate for their client. Kelley said that both the first and second had occurred during the trial.
“The Commonwealth presented evidence in the closing argument that they knew was not true” Kelley said. “I think it contributed to the conviction and I believe that Mr. Berberena is innocent of this offense.”
