Teen arraigned in boy's shooting
Mistaken identity asserted by lawyer
A Hyde Park teenager who police say fired a barrage of bullets last month at a rival gang member who had just shot him was arraigned yesterday on a charge of assault with attempt to murder in the wounding of a 7-year-old at play.
The boy was rushed to the Pediatric Center of Boston Medical Center, and a relative at the family home said yesterday that he has been released from the hospital and is "doing fine."
"But for the grace of God, this was not a homicide," said Suffolk District Attorney Daniel F. Conley.
According to court records, Richard Penha, 18, was driving a gray Honda near Tremont and Parker streets in Roxbury when an unidentified male riding a bicycle approached and fired several shots at the vehicle, hitting Penha in the right side of his torso. The records state that Penha got out of the car and ran after the fleeing gunman, firing about nine shots in his direction. One of the bullets hit Brandon Guerrero, who was playing nearby, on Smith Street.
Penha, who was taken into custody Monday, was ordered held yesterday on $75,000 bail. He faces a preliminary hearing on Aug. 6.
Penha, who graduated from East Boston High School this past spring, stood behind a door during his arraignment at Roxbury District Court. His attorney, Anthony Ellison, entered a plea of not guilty on his client's behalf and argued that Penha is the victim of mistaken identity.
Penha was also charged with aggravated assault and battery, and faces several firearms charges. Authorities are continuing their search for the gunman who fled on the bicycle.
In another arraignment yesterday, Kevin Louis, 21, of Hyde Park was held on $50,000 bail following his arrest Monday night in connection with the fatal July 4 shooting of 17-year-old Ronald Marc in Hyde Park.
Louis pleaded not guilty to charges of assault with a dangerous weapon, unlawful possession of a firearm, and discharging a firearm within 500 feet of a dwelling.
Marc was one of three men to be critically injured in a rash of violence over the holiday weekend. Police found him around 8 p.m. on July 4 in Hyde Park with gunshot wounds. He was transported to Brigham and Women's Hospital, where he was pronounced dead.
