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BARNSTABLE — A Buzzards Bay man with a long criminal record is facing new charges for allegedly assaulting a co-defendant as they were led out of their arraignment in Barnstable District Court on Monday.
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Fortes and Russ were arrested Saturday night along with Nicole Cabral, 25, of Sandwich, after leading police on a brief chase during which Russ allegedly threw plastic bags and pills out of the car, Cape and Islands Assistant District Attorney Michelle Groff said during the arraignment.
Officers on a routine patrol had spotted Russ in the front passenger seat of the car being driven by Cabral on General Patton Drive, Groff said.
As the car sped away from police, Russ threw the bags and pills out of the car, she said.
Officers found about 10 oxycodone pills scattered inside the car as well as several cellphones and more than $4,000 combined on the three occupants, Groff said.
Along the side of the road officers found several ripped baggies as well as about 30 more pills, she said.
All three defendants were charged with possession of a class B substance with intent to distribute and conspiracy to violate controlled substance laws. Cabral and Russ also were charged with unlawful disposal of trash and Cabral was charged with failure to stop for a police officer and driving to endanger.
Groff asked for $10,000 bail for Cabral and Fortes and for revocation of Cabral’s bail on an outstanding drug case.
Russ has several cases pending against him as well as prior convictions, she said in asking O’Neill to revoke Russ’ bail in another case and set bail at $25,000 on the new charges.
“I don’t see how they can attribute any of the narcotics seized either inside the vehicle or outside the vehicle to her,” Cabral’s lawyer, Frank Camera, said.
His client lives in Sandwich, has a 21⁄2-year-old daughter and is trying to get a job, Camera said.
Camera asked O’Neill not to revoke his client’s existing bail and to set bail on the new charges at $5,000.
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