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Medford teens charged with stomping homeless men in the Back Bay early Sunday

Sico and MarinoSico and MarinoTwo Medford teens beat and kicked homeless men so viciously police seized their blood-drenched shoes as evidence, according to a police report.

James Marino and Marc Sico, both 19, were arrested after they and a third man - still at large - allegedly kicked and beat three homeless men near Back Bay station. They were charged with assault and battery with a dangerous weapon - a shod foot - and unarmed assault.

According to an MBTA Transit Police report, officers making a sweep of Back Bay station around 3:15 a.m. spotted three men beating a fourth man outside the station. When the men saw police, they ran down Dartmouth toward St. James, according to the report.

Police say the victim was bleeding from his face, nose and mouth and that he told them he was sleeping when the three awakened him by punching him repeatedly in the face. As police were helping the victim, the report says, they saw the three men come back up toward Dartmouth from St. James. Transit Police, now aided by Boston Police, started chasing them. They lost sight of them, but spotted two of them again on Boylston Street running toward Berkeley, where they were arrested. During the chase, police found two more homeless men on Dartmouth Street who also said they had been attacked and who identified Marino and Sico.

The Suffolk County District Attorney's office asked for $2,000 bail for each, but Boston Municipal Court Judge Thomas Horgan released both on personal their own recognizance. He did order them to stay out of Boston between 6 p.m. and 6 a.m.

Innocent, etc.

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Comments

Ten years, hard time, no parole.

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... every homeless person in the city getting one good kick at each of them. Assholes.

Suldog
http://jimsuldog.blogspot.com

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Yeah, that sounds about right. Although I really wanna know what the rationale was for releasing these guys on recognizance. Heck, the prosecution only asked for $2000, which seems a pretty small amount to me for bail on a charge of ADW. Is this usual?

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This is only tangentially related, but after reading several posts similar to this, I'm curious if there's such a thing as "assault without a dangerous weapon." It seems that if even feet and fists (mentioned in other incidents) are considered weapons, I'm not sure what's left to commit assault with that wouldn't be included.

Which is not to say I disagree with any of the charges, I'm just curious.

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It's the shoes that make the feet dangerous weapons.

If they'd just punched them, that would be assault and battery.

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That's not correct. A fist can be considered a dangerous weapon. For example:

http://www.wickedlocal.com/cambridge/news/police_a...

"arrested at home after she reportedly punched her sister with a closed fist on charges of assault and battery with a dangerous weapon"

The problem is that Massachusetts has no charge of felony/aggravated assault, so they have to misuse the assault with a dangerous weapon charge.

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A fist is never a dangerous weapon. It could be if you have a ring on it or grab someones head and smash it off something.

Don't get your legal information from wickedlocal blurbs.

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Why is going up and stomping on a complete stranger who did absolutely nothing to you categorized with the exact same label as if you lost your cool in a fight with a friend or a relative? While neither one is OK, the first is way way way more sociopathic.

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Courts always take violence into account when sentencing and clerks will do the same when deciding on bail. The elements of the crimes can be the same, but that doesn't mean the crimes are treated the same by the courts.

Kicking someone in the shin during a fight isn't as bad as punching someone in the back of the head, but the former is a felony while the latter is just a misdeamanor.

And there are four of these types of crimes: assault, assault with a deadly weapon, assault and battery, and assault and battery with a deadly weapon. (assault, A&B, ADW, and ABDW)

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But when they show up on a CORI, the charge that's listed could either refer to having taken some kicks at a relative during a fight, or going and finding sleeping strangers and stomping on them.

I'd hire the first person if the person was otherwise decent and showed remorse. I would not hire the second person.

The charge itself doesn't speak at all to how sociopathic the act was.

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Thank goodness for UniversalHub- the publicity surrounding their cruel actions might end up being the only real sanction they face. There's exactly zero chance of them doing any jail time.

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95% of the first time assaults get dissmissed because they are mutual fights or disagrements. This case will probably have some jail time or probation served for what is likely a first time offense.

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Is it okay to hit my wife because she's not a stranger? Would you hire me if I showed remorse about it? It was just one punch. It's not like she was a homeless person or anything.

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that violence isn't ever OK?

But yes, if it was some time ago, and you explained to me with maturity and insight that it was a bad relationship, something got out of hand, and you've since done a lot of counseling and/or substance abuse treatment, then it wouldn't be a reason not to. I work with people with disabilities and/or tough life situations; I don't think it does them any service to only have staff who have never made a mistake.

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I wouldn't expect more than the $40 clerks fee for bail on something like this.

We have to remember that in MA, "bail" is only set high for those who might not show up for court. If these guys live with their parents and are in high school, there probably isn't any reason to set any bail.

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how can you just release these guys? clearly, they can't handle freedom, and we are all at risk!!. we'll all be better off if they at least get 10 years for each victim.

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...their mamas are soooo proud.

Seriously, random violence is just not acceptable, but knowing that large doses of alcohol and testosterone can affect judgment, well maybe they'll go around breaking side view mirrors off a row of cars in the Fenway or generally be assholes, but beating a sleeping homeless person...? The awake ones were a little risky, so we figured we'd go for the unconscious one... Their parents, siblings and friends should be made to wear signs that say "We are related to/friends with these sub-human douche-nozzles." Let the punishment come from the people that these idiots might care for/about.

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They wouldn't consider a homeless beat down a career move at 19.

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...so kids from "Good Families" have never do horrific things? Or do you know something about these kids' families that wasn't in the post?

And I doubt they thought that beating down the homeless was a great career move (unless they have designs to get into the GOP), so much as something that they could get away with (as someone below mentioned) because these are completely vulnerable people. That sense of power is sought out by many folks, some of whom have had the benefit of a decent family.

Completely on another topic, what is up with the aptly named Sico's forehead? Is that a jpg artifact or does he actually have a dope-slapping smooth spot in the middle of his forehead?

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The one from Fenwayguy can vouch for the family.

Locally grown, locally known.

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This crime is not random. These thugs knew exactly whom to target: the most vulnerable among us. The perpetrators are young, and therefore impressionable. I suspect this is why men seem to target LGBT people at higher rates, or why violence against women in this country has only slowly dissipated.

These fools are merely acting out what this culture has taught them: that the poor and marginal are disposable, and that bullying and even killing them is okay, because everyone does so with impunity.

Demonize them as monsters all you want, we all bare responsibility for not taking better care of the weakest amongst us. In this case, these young men have been spoiled; they have been neglected, and left to become depraved, also.

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Society is to blame.

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"We're depraved because we're deprived!"

Suldog
http://jimsuldog.blogspot.com

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KRUP YOU!

(Waiting for Miki to show up in ...3...2...)

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Boston Municipal Court Judge Thomas Horgan must have a hand in someones pocket. Personal recognizance or someone called in a favor? What if the young puke souls come to Boston at night? Are the cops going to be on the lookout for them? Or will they have to wait for another crime and apprehension? And then what? Why release on CASH bail of course.

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Seems to be a lot of that going around.

Under the circumstances, seems like a bad idea.

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given the right to appeal a judge's bail ruling they feel is unreasonably low - just as the defendant can now appeal a judge's bail ruling they feel is unreasonably high - judges will continue to pull this sort of nonsense.

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Why bother using tax money to keep them alive in prison for ten years? They offer nothing positive to society.

Unless, we have a huge influx of violent homeless people who need an ass beating...

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Bubba's got two cute new girlfriends on the way!

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are we?

Very funny. Not.

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Agree, not okay, anon.

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Yes - he actually meant to 'condone' prison rape.

Really.

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He did not. THEY PUNCHED A KICKED A GUY IN THE FRICKIN' HEAD.

Nobody's rooting for the guys to get raped, but I wouldn't be upset if they did.

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than a comment. Besides, it does get lonely in the can and plenty of guys are gay for the stay, not that there's anything wrong with that, of course.

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These guys will get pretrial probation and maybe community service.
"Massachusetts- Where the Punishment Never Fits the Crime."

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Star witness is a homeless guy who sleeps in the subway. Even if the T cops can find him for trial (a big if) the jury won't believe him because their lawyers will dress them up in collared shirts and glasses. Unless they have long records we don't know about, these kids are getting the street.

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Medford Patch, Jan 6, 2011 - A Medford man was arrested on Monday after he allegedly slashed the face of a Somerville pedestrian, possibly with a box cutter, during a traffic altercation on New Year’s Eve.

Rosario Marino, 22, of 41 Edward St., Medford, was arrested and charged with assault with a dangerous weapon, and the more serious charge of mayhem... the "malicious intent to maim or disfigure."

Same address as that reported for James Marino, one of last Sunday's alleged perps.

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_That_ is some stellar detective work right there my friend. Living in Somerville, I was shocked to hear about the guy who got slashed for daring to stand too close to a crosswalk while said lunatic is driving by. I guess rotten apples don't fall too far from the tree.

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