ACCESSORY AFTER THE FACT-MURDER: NOLLE PROSEQUI

During the night of December 8, 2001, William Angelesco went to the Squires Lounge in Revere and allegedly killed on Peter DeVito (a strip club manager) by shooting him in the head and abdomen with a semi-automatic pistol. Prosecutors alleged that William Angelesco shot Peter DeVito at close range inside the entrance of the crowded Squire’s Lounge in retaliation because Angelesco blamed Mr. DeVito for roughing him up and having him tossed out of Centerfolds strip club where DeVito had been the manager. Angelesco happened to run into DeVito at the Revere Club where he allegedly shot him with a 9mm pistol in front of more than 100 patrons. Prior to the alleged murder, Mr. Angelesco and the Defendant worked together running an illegal gambling operation, allegedly. The morning after the alleged murder, the Commonwealth alleged that Mr. Angelesco went to the Defendant’s home. The Commonwealth alleged that the Defendant assisted Mr. Angelesco in avoiding arrest by making his vehicle accessible to Mr. Angelesco. With the Defendant’s assistance, Mr. Angelesco was able to leave the Boston area and avoid capture. During Mr. Angelesco’s absence, Defendant allegedly provided spending money to Angelesco’s wife. The Commonwealth sought to have the Defendant testify against Mr. Angelesco at the Grand Jury but the Defendant refused on Fifth Amendment grounds. William Angelesco was charged with the murder of Peter DeVito and the Commonwealth sought to charge William Angelesco and the Defendant together. Attorney Gerald J. Noonan filed a Motion to Sever the Defendant’s case from William Angelesco’s case, which was allowed. Attorney Robert Sheketoff defended and successfully acquitted Mr. Angelesco of murder. Attorney Sheketoff established that there were conflicting eyewitness accounts of the shooter. Some witnesses described the shooter as having blond hair and one witness described the shooter as having a mustache when William Angelesco had black hair and was clean shaven. Some witnesses described the shooter as wearing a hood, some described him as wearing a skully cap, and some described him as wearing a baseball cap. Although Mr. Angelesco’s two cousins offered incriminating grand jury testimony against him, Attorney Sheketoff established that the witnesses had credibility problems – one of them having bipolar depression and the other having serious drug problems.

Result: After William Angelesco was acquitted of murder, the Commonwealth entered a Nolle Prosequi against the Defendant for being an accessory after the fact to murder.