Court: Victim Of Home Invasion Won't Testify, Alleged Invader Released With Strict Conditions

The Nantucket District Court held a Wednesday session this week, which included arraignments, dispositions, as well as a dangerousness hearing for the island resident who allegedly invaded a home last week with a BB Gun.

Yoaris Manuel Eustate Alvarado, 30, of Nantucket, was in court on Wednesday for a dangerousness hearing stemming from several April 20 charges including home invasion and assault with a dangerous weapon (firearm).

A dangerousness hearing is held to consider if a person is a danger to the community in question. Under Massachusetts General Laws Chapter 276, Section 58A, Alvarado could have been held without bail for a period of 120 days or until the disposition of his case if he were to lose this hearing.

In order for prosecutors to walk away from one of these hearings with their motion allowed, the Cape & Islands District Attorney’s office had to prove to the court by clear and convincing evidence that Alvarado is a risk to the community or a person in the community, and that there is no combination of conditions of release that can reasonably assure the safety of others or the community.

Prior to the hearing however, there was a twist. The alleged victim in the case appeared in court to exercise his fifth amendment right. He told the court he would not testify if this case went to trial, adding that he “does not know (Alvarado) and has no problem with him.”

Once the dangerousness hearing began, Cape & Islands assistant district attorney Michael Preble expressed to Nantucket District Court Judge James Sullivan that the situation is “very concerning” considering the repeated entries into the home, history that Alvarado has with one of the witnesses whom he once dated, and the threats of shooting the alleged victim on multiple occasions with a BB gun.

Preble asked that his motion be allowed but asked that if Sullivan was not inclined to hold him that he impose strict conditions such as a stay away no contact order, GPS monitoring device, and other conditions to ensure the victim’s safety.

Matt Kelley, Alvarado’s lawyer, explained that Alvarado had no record prior to this incident aside for a couple minor motor vehicle violations. He said Alvarado has a job and family to provide for and added that since the alleged victim came to court that morning to express to the court that he would not testify because he has no problem with Alvarado, there was no basis for holding his client on dangerousness. Kelley suggested to Sullivan that this “seemed to be the ideal situation to restrict in a mindful way without incarceration.”

At the conclusion of the hearing, Sullivan said that while the commonwealth proved the dangerousness of Alvarado, he said he balances that with the lack of criminal history and finding of suitable conditions that will allow Alvarado to stay out of jail but also protect the community/victim.

There was no bail set, but Alvarado was ordered to stay away and have no contact with the alleged victim, to stay away from the victim’s home and his workplace (at least 25 yards), not possess any weapons, and be fitted for a GPS monitoring device.

A probable cause hearing was scheduled for June 26.

In other Nantucket District Court news from Wednesday, Gerald Shay Deverse, 44, of Nantucket, was arraigned on April 18 charges of operating a motor vehicle under the influence of alcohol and negligent operation of a motor vehicle. He had not-guilty pleas entered on his behalf and was ordered to return to court June 5 for a pretrial hearing.

Adrian Goode, 21, of Nantucket, will have a Nov. 10, 2022 charge of negligent operation of a motor vehicle continued without a finding for three months. He was ordered to pay a $250 head-injury fee and $50 victim-witness fee. A charge of leaving the scene of property damage stemming from the same incident was dismissed.

Charles Martin McGowan, 31, of Nantucket, will have a Sept. 30, 2022 charge of operating a motor vehicle with a license revoked as a habitual traffic offender continued without a finding for one year. He was ordered to pay a $50 victim-witness fee and a Duquette Alternative of 30 days was implemented, meaning that if McGowan violates his probation in any way, he will be sent to the Barnstable House of Corrections for 30 days.

A charge of using a motor vehicle without authority stemming from the same incident was dismissed.

Katherine Murphy, 63, of Nantucket, was arraigned on April 20 charges of operating a motor vehicle under the influence of alcohol and negligent operation of a motor vehicle. She had not-guilty pleas entered on her behalf and was ordered to return to court May 15 for a pretrial hearing.

*All defendants are considered innocent until proven guilty under a court of law*