LYNN — Two men were arrested and arraigned Friday in connection with a fatal shooting on High Street that left a 35-year-old Lynn man dead late Thursday night, according to Lynn Police and the Essex County District Attorney’s Office.
Brian Rivera, 36, of Lynn, has been charged with murder, while Michael Constabile, 35, also of Lynn, is charged with being an accessory after the fact. Both men were arraigned in Lynn District Court and pleaded not guilty.
Rivera faces additional charges of carrying a firearm without a license, discharging a firearm within 500 feet of a building, possession of ammunition without an FID card, and three counts of drug possession — including Class B, C, and E substances. He also faces a firearm violation as someone previously convicted of three violent or drug crimes. Judge Kareem A. Morgan ordered him held without bail. Constabile, who was also cited for a municipal knife ordinance violation, was held on $100,000 cash bail.
Assistant District Attorney Stefanie Stanbro handled the arraignments. Rivera was represented by Murat Erkan, and Constabile by Stephen Francis Reardon. Constabile is scheduled to return to court for a probable cause hearing on April 18 at noon. Rivera is due back May 9.
Police responded to the area of 33 High St. around 11:23 p.m. Thursday for a report of shots fired. Officers found a man lying on Oxford Street with gunshot wounds to the chest and thigh. The victim was treated on scene with chest seals, a tourniquet, and CPR before being transported to Salem Hospital, where he was pronounced dead at 11:57 p.m.
According to police, the victim had been involved in an argument in the parking lot of 33 High St. when a man, later identified as Rivera, allegedly pulled a handgun and shot him multiple times at close range. Witnesses said two men fled — one on a scooter in a blue jacket with white stripes, the other on a bicycle.
Officers located a black BMW rented by the victim running in the lot with its driver’s window shattered. Shell casings, two black bags, a cellphone, and marijuana packaging were recovered nearby.
Minutes later, officers found Rivera and Constabile hiding in the rear lot of 498 Essex St. Rivera was wearing a blue-and-white jacket and crouching in bushes, while Constabile was stopped nearby on a bicycle, police said. Both were taken into custody at gunpoint.
Police conducted show-up identifications with the victim’s girlfriend and a resident of 33 High St., both of whom positively identified Rivera and Constabile as the men who fled. The witnesses told officers they were “1,000 percent sure,” according to the report.
During a search, officers reported finding one twist of suspected crack cocaine in Rivera’s pants pocket, along with 11 Suboxone strips and three Gabapentin pills in a black bag across his chest. Constabile was found with a folding knife longer than 2.5 inches, police said.
Rivera allegedly told police that a masked man started shooting and that “everybody ran,” while denying knowledge of the shooter’s identity. He admitted to having drugs in his possession, police said.
The Office of the Chief Medical Examiner has accepted jurisdiction. The name of the deceased is being withheld by the District Attorney’s Office pending family notification. The investigation remains ongoing by Lynn Police and Massachusetts State Police detectives assigned to the DA’s office.
All defendants are presumed innocent until proven guilty.
