Current Court Report – August 2, 2023

This week’s Current Court Report includes arraignments and dispositions from Monday’s Nantucket District Court session.

Patrick Drysdale, 47, of Nantucket, was arraigned on a July 30 charge of assault & battery on a family/household member. He had not-guilty pleas entered on his behalf and was ordered to return to court Aug. 21 for a pretrial hearing.

James Egan, 35, of Nantucket, pleaded guilty to one charge of assault & battery on a family/household member and one charge of violating an abuse prevention order. He was ordered to complete one year of probation. A charge of assault & battery with a dangerous weapon and another assault & battery on a family/household member charge were dismissed in light of the plea.

After completing three months of pretrial probation, Kenneth Merlin Hammond, 71, of Nantucket, had a Feb. 17 charge of assault & battery dismissed.

Rafael Hernandez, 31, of Nantucket, was arraigned on July 29 charges of assault, aggravated intimidation of a witness/police officer/court official, and resisting arrest. He had not-guilty pleas entered on his behalf and was ordered to return to court Aug. 21 for a pretrial hearing.

Ricardo Hernandez, 25, of Nantucket, was arraigned on July 29 charges of operating a motor vehicle under the influence of alcohol, negligent operation of a motor vehicle, possessing an open container of alcohol in a motor vehicle, a miscellaneous equipment violation, and resisting arrest. He had not-guilty pleas entered on his behalf and was ordered to return to court Aug. 21 for a pretrial hearing.

According to the police reports, Rafael and Ricardo Hernandez were in a white Jeep with Ricardo driving along Prospect Street in the direction of Sparks Avenue when officer Farrell Duce noticed the front right wheel to be spinning on its metal rim with no tire attached.

Duce said it appeared the vehicle was attempting to evade her as it turned into a Prospect Street residence. Duce followed the vehicle and approached the operator (Ricardo) who Duce said had bloodshot and glossy eyes, slurred speech, and the smell of alcohol emanating from his facial area with a White Claw can next to him in the vehicle’s cup holder. Ricardo declined to perform any field sobriety tests.

When Ricardo was asked to step out of the vehicle to be placed under arrest, Ricardo allegedly attempted to lock the vehicle and resist arrest. Duce was able to open it before Ricardo could lock it, but the two both struggled with one another to keep the door open or closed. Other officers arrived on the scene and with Ricardo continuing to refuse to step out of the vehicle, they physically escorted him out of his vehicle and placed him in a cruiser.

As for Rafael, police said he came out of the home Ricardo pulled his vehicle into and began videotaping and filming police officers while they were placing his younger brother Ricardo under arrest for drunk driving. Officer Andrew McNeilly said in his police report that they asked Rafael several times to back up and stop interfering with the traffic stop, but Rafael refused and continued to approach the police.

When an NPD Sgt. approached Rafael again asking him to back up, Rafael raised his right hand as if he was going to physically assault the Sgt. According to McNeilly, which prompted Sgt. Ray to gain full control of Rafael’s arm and bring him to the ground before Rafael “could deliver a strike.”

Rafael began to tense his arms and place his hands under his stomach as officers attempted to arrest him. After a physical struggle, McNeilly said they were able to place Rafael in handcuffs and arrest him.

Kedrick K. Pleasant, 45, of Nantucket, had his probation terminated that he was serving on an Aug. 2, 2022 charge of negligent operation of a motor vehicle following a guilty finding after completing the probation without a violation.

John Ramos, 20, of Nantucket, was arraigned on June 18 charges of negligent operation of a motor vehicle, speeding, unlicensed operation of a motor vehicle, and a marked lanes violation. He had not-guilty pleas entered on his behalf and was ordered to return to court August 21 for a pretrial hearing.

Lesly X Rosa Arita, 30, of Nantucket, was arraigned on three July 27 charges of assault & battery on a family/household member and one charge of assault with a dangerous weapon. She had not-guilty pleas entered on her behalf and was ordered to return to court Aug. 21 for a pretrial hearing.

According to the police report, Rosa Arita broke the alleged victim’s video, began arguing with the victim, and proceeded to smack him twice with an open hand in the face. She also allegedly grabbed the victim’s shirt and shook him forcibly subsequently causing her nails to scratch the victim’s neck.

When the alleged victim attempted to get away from Rosa Arita, he claims she held a ceramic vase over her head in the kitchen before swinging it at him. Police said they observed the alleged victim to have red scratch marks around his neck, scratches on his chest, a scratch behind his left ear, and scratch marks on the knuckles of both hands as well as his wrists with visible blood

After being continued without a finding for one year, Samantha Anne Shaw, 38, of Nantucket, had a July 1, 2022 charge of operating a motor vehicle under the influence of alcohol dismissed.

Cory Francis Vaughn, 33, of Nantucket, is the island resident who was arraigned in court last week one three charges, including a breaking & entering a building in the nighttime for a felony. He was in court on Monday for a dangerousness hearing and the Judge James Sullivan did in fact find him to be a danger to the alleged victim, and Vaughn is now being held at the Barnstable House of Corrections.

Melanie Wernick, 62, of Wellesley, was found guilty by Judge James Sullivan on a larceny under $1,200 charge and her sentencing/disposition date was scheduled for September 11.

According to the police report, officers responded to a call of a shoplifting incident at 0 Main Street on Aug. 15, 2022. The victim told police over the phone that Wernick stole four items from the store including a $398 pink Courtland Park Yellowstone coat, a $398 taupe Courtland Park Val d’lesere jacket, and two Courtland Park Beige Cashmere Sweaters valued at $440 each.

The victim told police that the store had cameras in the store and that they are in possession of footage of Wernick taking the items into the dressing room. These pieces of footage were reviewed during the trial and entered into evidence. The victim, who is the owner of the store, also testified under oath her story. A former 15-year-old employee, who was assisting Wernick on the day of the incident and noticed items to be stolen, also testified. The store owner went on to say that the store has dealt with Wernick before.

Wernick was called to the police station to speak with police about the incident. Wernick told police she did shop at the store located on 0 Main Street on the day in question but did not steal anything. Under oath on Monday, Wernick testified that she did not steal any items from the store.

After Wernick was shown stills of her inside the store, she told police her purse was empty after leaving the dressing room and again denied stealing the items.

Police said her bags appeared to be full of items in the stills. During the trial, Wernick and her boyfriend Adam Dread testified that her bag is regularly filled with items she uses throughout the day. When footage presented an image of items coming out of the bag and the appearance of it being quite full, Wernick testified that she had received a text from a client asking her to be at a pilates session at 1:45, which prompted her to rush out of the store immediately as seen on the footage and throw all of her belongings in the bag in an unorganized fashion.