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Two plead not guilty in murder of 14-year-old Dorchester youth

E-mail|Link|Comments () July 15, 2010 05:58 PM

By June Q. Wu, Globe Correspondent

From his holding cell, Crisostomo Lopes urged his fellow gang member, whom he denied knowing, to take the blame for killing a 14-year-old boy in Cape Verdean Creole – a language his booking officer also spoke.

Lopes, 20, allegedly had the conversation with Joshua Fernandes, 16, after both were arrested by Boston police and charged with the May 30 shooting of Nicholas Fomby-Davis.

Lopes and Fernandes, who both live in Dorchester just a few blocks from Fomby-Davis, both pleaded not guilty to first degree murder charges today in Suffolk County Superior Court as the victim’s relatives filled the courtroom’s front row seats.

The defendants stood behind a door, their faces obscured, as Suffolk Assistant District Attorney Patrick Haggan described the shooting. The victim’s father, Nathaniel Davis Jr., was overcome with emotion during the reading and left the courtroom.

Both were ordered held without bail.

Both allegedly told homicide detectives in tape-recorded statements they had nothing to do with the killing, Haggan said. Fernandes initially told the police that “nothing happened.”

When told an off-duty police officer had witnessed the shooting, Fernandes eventually stated someone had tried to “run him over with a scooter” and he “blacked out” and does not remember if he had a gun at the time of the incident.

Lopes eventually admitted to being in the general area on his bike by himself, but denied having a role in the murder, according to court papers..

Swaps taken from Fernandes’ hands tested positive for the presence of gunshot residue, Haggan said.

The victim’s family declined to comment after the arraignment.

Prosecutors allege that around 7:45 p.m. on May 30, the defendants -- both members of a local street gang – were seen crouching down on the sidewalk as the victim came down the street alone on a scooter, likely mistaking him for someone else.

Lopes allegedly grabbed the victim by the shoulder, holding him with outstretched arms, as Fernandes fired three rounds from a .25-caliber handgun at the victim.

Less than half an hour later, Fomby-Davis was pronounced dead at Boston Medical Center.

The defendants are members of a local street gang police believe is feuding with another area gang in the area where the victim lives.

Fomby-Davis had no gang affiliation and was not involved in any gang disputes, prosecutors said.